How Stanley Martin Uses This Clause
Stanley Martin purchase agreements have been documented to include certificate of occupancy / change order escalation provisions. The builder may reserve the right to adjust pricing for change orders, material substitutions, or plan modifications at its sole discretion. Change order pricing may not be disclosed until after the buyer is contractually committed.
This provision typically appears within the purchase agreement alongside other terms that may limit buyer remedies.
Stanley Martin'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 Closing Penalty
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
Standard Form Contract
This clause appears in Stanley Martin'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.
State-by-State Enforceability
Enforceability of this clause varies by state. The following reflects Stanley Martin's operating states.
| State | Status | Note |
|---|---|---|
| Virginia | Likely Unenforceable | Virginia has a mandatory statewide building code, the Virginia Uniform Statewide Building Code... |
| Maryland | Likely Unenforceable | Maryland requires a certificate of occupancy under the Maryland Building Performance Standards (Md.... |
| Georgia | Uncertain | Georgia requires compliance with state minimum building codes under O.C.G.A. Section 8-2-25, and... |
Related Clauses in Stanley Martin Contracts
This clause often works in combination with other provisions in Stanley Martin's purchase agreements.
Certificate of occupancy issues may interact with closing deadlines and associated penalties.
What Buyers Can Do
- Understand what the certificate of occupancy covers. A CO means the home meets minimum code requirements for occupancy. It does not mean the home is defect-free or that all contracted work is complete.
- Review change order terms. Understand how changes to the original specifications are handled, including pricing, approval, and timeline impacts.
- Have the full contract scanned before signing. This clause is often one of several interconnected provisions in Stanley Martin contracts that collectively limit buyer remedies. A contract scan can identify all of them.