How Maronda Homes Uses This Clause
Maronda Homes purchase agreements have been documented to include limitation of liability / no monetary damages provisions. Maronda Homes' warranty states that under no circumstances shall Maronda be liable for any special, indirect, or consequential damages, including damages based on a claimed decrease in the value of the home. The builder's obligations are limited to repair and replacement. This may prevent buyers from recovering relocation costs, diminished property value, or other indirect losses caused by construction defects. (Source: Maronda Homes Limited Warranty Agreement; marondahomes.com terms) This clause has been the subject of litigation, including Maronda Homes v. Lakeview Reserve Homeowners Ass'n.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Maronda Homes's scale means contract templates are largely standardized across its operations. A clause identified in one market's contract is likely present in other markets' contracts, though local addenda may modify the terms.
Builder-Specific Details
Combined with Mandatory Arbitration
Arbitrators may be bound by the contractual damage limitation, further restricting buyer recovery.
Standard Form Contract
This clause appears in Maronda Homes's standard purchase agreement, which is generally presented on a take-it-or-leave-it basis. Buyers typically have limited ability to negotiate individual terms, though making the request in writing is still advisable.
Legal History
The following cases involve Maronda Homes's use of this clause type.
Maronda Homes v. Lakeview Reserve Homeowners Ass'n
The Florida Supreme Court held that the implied warranties of fitness and merchantability extend to essential-services infrastructure in residential subdivisions, including roads, drainage systems, retention ponds, and underground pipes. Maronda had argued these warranties applied only to the homes themselves, not to common-area infrastructure. After the homeowners association took control of the Lakeview Reserve neighborhood, heavy rainfall revealed structural defects in the drainage system, paved streets, and underground pipes throughout the development. The Court affirmed the Fifth District's reversal of summary judgment in Maronda's favor. This case established binding precedent in Florida for builder liability over common-area construction quality. (Source: Maronda Homes, Inc. of Fla. v. Lakeview Reserve Homeowners Ass'n, 127 So. 3d 1258, Fla. 2013; Justia; FindLaw)
Southern-Owners Insurance Co. v. Maronda Homes, Inc. of Florida
Insurance coverage dispute involving Maronda Homes of Florida and Southern-Owners Insurance Company regarding liability coverage for construction-related claims. The case was filed in 2020 and decided by the Eleventh Circuit on May 5, 2023. A related case (Maronda Homes v. Southern-Owners Insurance Co.) was also decided by the Florida Fifth District Court of Appeal in 2024, involving homeowner claims by Tracy and Andrea Ransom. (Source: Justia, 11th Cir. Case No. 20-11526; Florida 5th DCA Case No. 5D23-1463)
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Maronda Homes's operating states.
| State | Status | Note |
|---|---|---|
| Florida | Uncertain | Florida law imposes statutory protections for construction defect claims under Chapter 558 that may... |
| Ohio | Uncertain | Ohio recognizes the implied warranty of habitability and has consumer protection statutes that may... |
| Pennsylvania | Uncertain | Pennsylvania recognizes the implied warranty of habitability and has strong consumer protection... |
| Georgia | Uncertain | Georgia law permits contractual limitation of liability but subjects such clauses to... |
Related Clauses in Maronda Homes Contracts
This clause often works in combination with other provisions in Maronda Homes's purchase agreements.
Arbitrators may be bound by the contractual damage limitation, further restricting buyer recovery.
Individual claims under the liability cap may be too small to pursue, and class aggregation is prohibited.
Together these clauses eliminate both the legal standard (habitability) and the remedy (damages).
The damage cap limits recovery even for items covered by the express warranty.
What Buyers Can Do
- Understand what damages are excluded. The limitation may cover consequential damages, incidental damages, or all monetary damages beyond the purchase price. The scope of the limitation matters significantly.
- Ask whether the limitation applies to construction defects. Some liability limitations are drafted broadly enough to encompass defect claims. Clarify whether defect-related damages are capped or excluded.
- Review the Maronda Homes case. The Maronda Homes v. Lakeview Reserve Homeowners Ass'n ruling may be relevant to your situation. If you are buying a Maronda Homes home in a state with similar legal protections, this precedent could affect the enforceability of this clause.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Maronda Homes contracts that collectively limit buyer remedies. A contract scan can identify all of them.