How Chesapeake Homes Uses This Clause
Chesapeake Homes purchase agreements have been documented to include extensive warranty exclusion lists. The builder's warranty contains exclusions that carve out common defect categories from coverage.
These exclusions may include items such as cosmetic imperfections, normal settlement and shrinkage, landscaping and grading, exterior caulking, and issues attributed to homeowner maintenance or environmental conditions.
In coastal markets like Hampton Roads and the Outer Banks, warranty exclusions related to moisture, humidity, and environmental exposure are particularly significant, as these are common sources of construction-related issues in the region.
Builder-Specific Details
Coastal Environmental Exclusions
Warranty exclusions related to moisture, humidity, salt air, and weather events may be particularly broad in Chesapeake Homes' coastal markets, where these environmental factors are common causes of construction issues.
Combined with Habitability Waiver
Warranty exclusions work alongside the habitability waiver to narrow the protections available to buyers. Even if the habitability waiver is unenforceable, warranty exclusions may still limit coverage.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Chesapeake Homes's operating states.
| State | Status | Note |
|---|---|---|
| Virginia | Likely Enforceable | Warranty exclusions in Virginia new construction contracts are generally enforceable as written. However, Virginia's implied warranty of habitability may provide a floor of protection below which exclusions cannot reach. |
| North Carolina | Likely Enforceable | Warranty exclusions in North Carolina new construction contracts are generally enforceable. North Carolina's implied warranties for new construction may provide baseline protections beyond the express warranty. |
Related Clauses in Chesapeake Homes Contracts
This clause often works in combination with other provisions in Chesapeake Homes's purchase agreements.
Warranty exclusions work alongside the habitability waiver to narrow the protections available to buyers.
Substituted materials may be subject to different warranty terms than the originally specified materials.
What Buyers Can Do
- Read the full exclusion list before signing. Warranty exclusions can be extensive and may cover issues you would expect to be included. Review the complete list and ask questions about any exclusions you do not understand.
- Pay attention to environmental exclusions. In coastal markets, exclusions related to moisture, humidity, and weather events may be particularly significant. Understand what environmental conditions the builder considers outside warranty coverage.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions that collectively limit buyer remedies. A contract scan can identify all of them.