Enforceability Status
Warranty exclusion clauses in Connecticut new construction contracts face notable constraints. Connecticut's New Home Warranties Act (Conn. Gen. Stat. section 47-116 et seq.) establishes mandatory warranty protections for new residential construction. Connecticut law provides a one-year warranty for workmanship and materials, a two-year warranty for systems, and a six-year warranty for material defects. These statutory protections limit the effectiveness of contractual warranty exclusions.
Legal Analysis
Connecticut's New Home Warranties Act (Conn. Gen. Stat. § 47-116 et seq.) provides mandatory warranty protections for buyers of new homes. The statute establishes a one-year warranty against defects in workmanship and materials, a two-year warranty against defects in heating, cooling, ventilation, plumbing, and electrical systems, and a six-year warranty against material defects affecting structural integrity or habitability.
Under Conn. Gen. Stat. § 47-121, the statutory warranties are in addition to any express warranties provided by the builder. The statute does not permit waiver of the statutory minimum protections, meaning builder warranty exclusions cannot reduce coverage below the statutory floor.
Connecticut courts have interpreted the New Home Warranties Act broadly to protect consumers. The statute defines material defect to include any defect that has a significant adverse effect on the value of the home or that involves an unreasonable risk to the health or safety of occupants.
The Connecticut Unfair Trade Practices Act (Conn. Gen. Stat. § 42-110a et seq.) provides additional remedies for deceptive warranty practices, including actual damages, punitive damages, and attorney's fees.
Relevant Connecticut Law
Establishes mandatory warranty protections for new residential construction: one year for workmanship, two years for systems, and six years for material defects.
Prohibits unfair or deceptive trade practices, providing actual damages, punitive damages, and attorney's fees for violations.
Governs express and implied warranties in sales transactions, including provisions for exclusion and modification of warranties.
Builders in Connecticut Using This Clause
What Connecticut Buyers Should Know
- Know Your Statutory Warranty Rights Connecticut law provides mandatory warranty protections that supplement any express warranty: one year for workmanship, two years for systems, and six years for material defects. These protections cannot be waived by contract.
- Understand the Scope of Material Defects Connecticut's six-year warranty against material defects covers defects that significantly affect the home's value or pose health and safety risks. This broad definition may cover issues excluded by the builder's express warranty.
- Compare Express and Statutory Warranties Review the builder's express warranty alongside the statutory minimums. The statutory warranties are in addition to express warranties, so you may have coverage under one even if not the other.
- Consider Unfair Trade Practices Act Remedies Misleading warranty practices may violate the Connecticut Unfair Trade Practices Act, which provides actual damages, punitive damages, and attorney's fees.