Bayman and Rusk Builders, Inc
51245 Lilac Rd
South Bend, IN 46628
Nonwarrantable Conditions and Maintenance Obligations
1. Concrete
Concrete Foundations, steps, walks, drives and patios can develop minor cracks that do not
affect the structural integrity of the building. These cracks are caused by characteristics of the
concrete itself. No reasonable method of eliminating these cracks exists. This condition does not
affect the strength of the building. For more information on whether cracks of any type should be
repaired, consult Indiana Quality Assurance Builder Standards manual provided by the builder.
2. Masonry and Mortar
Masonry and mortar can develop minor cracks from shrinkage of either the mortar or the
brick. This condition is normal and should not be considered a defect.
3. Wood
Wood will sometimes check or crack or the fibers will spread apart because of the drying-out
process. This condition is most often caused by the heat inside the house or by the exposure to the
sun on the outside of the house. This condition is considered normal and the home owner is
responsible for any maintenance or repairs resulting from it
4. Sheetrock and Drywall
Sheetrock and Drywall will sometimes develop nail pops or settlement cracks, which are a
normal part of the drying out process. A nail pop occurs when wood shrinks and pushes a nail part
way out of the wood. These items can easily be handled by the home owner with spackling during
normal redecorating. If the home owner wishes, the builder will send a worker once near the end of
the | year warranty to make necessary repairs as a courtesy. These repairs will not include
repainting.
5. Floor Squeaks
Floor Squeaks may appear and disappear over time with changes in the weather and
humidity. ‘Technical experts generally conclude that little can be done about floor squeaks, and the
condition is not considered a defect. In areas with unfinished ceilings below, the builder can use
glue or shims one time during the 1 year service period to attempt to fix squeaks.
6. Floors
Floors are not warranted for damage caused by neglect or the incidents of use. Wood, tile,
and carpet all require maintenance. Floor casters are recommended to prevent scratching or
chipping of wood or tile, and all stains should be promptly cleaned from carpets, wood and tile to
prevent discoloration, Carpet has a tendency to loosen in damp weather and will stretch tight again
in dryer weather.Caulk
Exterior and Interior caulking, including caulking around bathtubs, shower stalls, and
ceramic tile surfaces, may crack in the months after installation. These conditions are normal and
should not be considered a problem. The maintenance or replacement of exterior or interior caulk is
the home owner’s responsibility.
8. Discolored Bricks
Bricks may discolor because of rain run-off, weathering by wind, or bleaching by the sun.
Efflorescence- the formation of salts of the surface of brick walls- is a common occurrence. It
results from a brick’s normal absorption of moisture. Efflorescence can be removed by cleaning,
and this task is the home owner’s responsibility.
9. Broken Gla:
The replacement of any window glass or mirror that are broken after the closing are the
responsibility of the home owner. Window glass that has stress cracks or seal failure are covered in
warranty by the window manufacturer. This warranty after the 1“ year includes only the material
and no labor,
10. Frozen Pipes
The home owner must take precautions to prevent freezing of pipes and sill cocks during
extremely cold weather. These precautions include removing outside hoses from the sill cocks,
keeping the house adequately heated on the inside at all times, and possibly leaving faucets slightly
open to drip in extreme cold. Turning the water supply off in the house is wise if house is to be
unoccupied for an extended period during cold weather.
11. Stained Wood
Stained materials will normally display a variation of colors because of the different textures
and grains of wood. Because of changes in humidity, doors with panels and attached boards may at
times dry out and leave a small space of bare wood. This exposed wood should not be considered a
defect. The bare wood can easily by touched up and it is the home owner’s responsibility to do this
12. Paint
Good-quality paint has been used internally and externally on this home. Nevertheless,
exterior paint may sometimes crack. The reason is often something other than the quality of the
paint. You should avoid practices such as
*Directing lawn sprinklers to spray onto painted trim and doors of house.
*Scrubbing interior flat latex-painted walls because scrubbing may remove the paint
*Rubbing furniture against painted walls
‘The best paint can chip or stain if it is not cared for properly. Please note that all paint will
fade or deteriorate over time.
13. Cosmetic Items
The builder is not responsible for ordinary wear and tear, for effects of weather, or the acts
of the home owner or third parties that may mar, stain, or otherwise damage the features or the
home. Chips, scratches, or marks in tile, woodwork, walls, porcelain, brick, mirrors, plumbing
fixtures, marble and solid surface countertops, lighting fixtures, kitchen appliances, vinyl floors,cabinets and other cosmetic features that are not noted at final walkthrough are non-warrantable
conditions. The upkeep of all cosmetic appearances of the house is solely the home owner’s
responsibility.
14, Plumbing
Adjustments for dripping faucets, sink, bath and toilet fixtures are covered by the builder's
warranty for a period of 1 year from date of closing. After that, these items are the home owner’s
responsibility. Stoppage’s from hair clogs, toilet tissue, or foreign materials in pipes and drains are
the responsibility of the home owner. If the builder is called during the warranty period and the
service person determines that the problem is the result of foreign materials in the line, the home
owner will be charged for the service call.
15, Alterations to Grading
The home owner’s lot has been graded to ensure proper drainage away from the home’s
foundation. Should the home owner want to change the drainage pattern for landscaping, for the
installation of patios or service walkways or for any other reason, the home owner should be sure to
retain a proper drainage slope. The builder shall not be responsible for any drainage problems after
the drainage pattern has been subsequently altered. Puddles that remain in yard less than 24 hours
after a major rainfall are not considered to be a grading defect per industry standards due to soil
conditions and slope of lot.
16. Lawn and Shrubs
The builder accepts no responsibility for the growth of grass or shrubs. The installer may
have specific warranties on their products. After installation, apart from any subcontractor’s-
installer’s warranties, the owner is responsible for watering, feeding and fertilizing all plants and
grass sufficiently.
17. Roof
By Indiana law, during the first 4 years of occupancy, the builder's warranty covers
workmanship and materials. The builder is not responsible for home owner or a third party causing
damage by walking on the roof for any reason, including but not limited to installation of satellite
dish or antenna. After the 4 year period has expired, the warranty on the roof in a manufacturer’s
warranty on the materials only, and it is prorated over the period designated in the manufacturers
warranty. After the four years, warranty requests need to be done through the manufacturer for
material only and the owner is responsible for any labor bill involved.
18. Heating and Air Conditioning
The furnace and air-conditioning equipment are covered by the manufacturer’s warranty and
not by the builder’s warranty. The home owner is responsible for keeping the filters clean and
changing them in accordance with the manufacturer’s recommendations, A failure to do so may
void certain manufacturer’s warranties. Periodic service and maintenance will help prevent
problems before they happen and this service work is the responsibility of the owner.
19. Indoor Air Quality
Radon Notice. Radon is a radioactive, colorless, and odorless gas that has been found in
homes throughout the United States. It is the second leading cause of lung cancer next to smoking.