Central Minnesota Builders Association 2004 Edition

Building Performance Guidelines for the Central Minnesota Area.

This document may only be used with the permission of the Central Minnesota Builders Association's office in St. Cloud

Revised 2/2004 ©Central Minnesota Builders Association and Rinke-Noonan Law Firm, St. Cloud, MN 2004 - All Rights Reserved.

RESOLUTION WHEREAS, in April, 1999, the Central Minnesota Builders Association ("CMBA") adopted Residential Construction Building Performance Guidelines in an attempt to define acceptable quality in relation to materials and workmanship in residential construction; and

WHEREAS, home builders and remodelers have benefitted from the establishment of these Residential Construction Building Performance Guidelines; and
WHEREAS, the establishment of these Residential Construction Building Performance Guidelines have helped to eliminate uncertainty as to what are acceptable levels of residential construction performance, and have improved the credibility of the industry, the CMBA and its members; and WHEREAS, continued advances in construction techniques, materials and experiences require that the Residential Construction Building Performance Guidelines be periodically updated.
THEREFORE, BE IT RESOLVED, the Board of Directors of the CMBA serving the Central Minnesota area, hereby adopt and endorse the publication of the 2004 Edition of the Residential Construction Building Performance Guidelines for the Central Minnesota area to be used as a benchmark in determining acceptable quality of materials and workmanship in residential construction, and recommend and promote its voluntary use by the CMBA members and general public, including home buyers, homeowners and all others in the residential construction industry.

BUILDING PERFORMANCE GUIDELINES NEW CONSTRUCTION

Builder warrants that all of the materials used in performing the Work will be new unless otherwise specified and that all work will be of good quality and in conformance with applicable building codes and laws. Builder will complete the work according to the plans, specifications and other documents that comprise this Contract. Builder warrants the work as required by Minnesota Statutes Section 327A.01, et. seq. (the New Home Construction & Remodeling Warranty). In no case is it intended that these guidelines extend the time or rights of anyone in any warranties, or other rights or claims against the Builder. These guidelines apply to all warranties and warranty periods. In no case is Builder responsible for any subcontractors, vendors, suppliers, other labor or materials supplied by the Homeowner.

DEFINITIONS
In these guidelines, "Homeowner" means the person(s) buying the home, and includes all lenders and subsequent owners of the property. "Builder" means <_______________>.

BUILDING PERFORMANCE GUIDELINES
I. SITE WORK
A. Site Grading Settling of ground around foundation walls, utility trenches or other filled areas shall not interfere with water drainage away from the home. Water, drainage and ponding is a natural occurrence and not the responsibility of the Builder. If the Builder has provided final grading; upon request of the Homeowner, Builder shall fill settled areas affecting property drainage. Homeowner shall be responsible for removal and replacement of shrubs or other landscaping affected by placement of fill. In no case is Builder responsible for water and/or ponding in areas not disturbed by construction. Builder has no responsibility for any lot/land owned by the Homeowner prior to construction. In no case is Builder responsible for any of Homeowner's own landscaping.

B. Site Drainage The Builder is responsible only for initially establishing the proper grades and swales. The Homeowner is responsible for maintaining all grades and swales once they have been properly established. Builder is not responsible for drainage, grades or swales where Homeowner owned the lot prior to construction. The necessary grades and swales shall have been established by the Builder to ensure proper drainage away from the home. Standing or ponding water may remain for extended periods in the immediate area during spring thaw or after a rain. Standing or ponding is common in swales which drain other areas and in areas where sump pumps discharge. The possibility of ponding or standing water during spring melting or after an unusually heavy rainfall should be anticipated. No grading determination shall be made while there is frost or snow on the ground, or while the ground is saturated. Snow, ice, thawing, frozen ground and other weather conditions are matters over which the Builder has no control. The Builder cannot be responsible for resulting water problems or flooding. Drainage and/or flooding from adjoining properties are not the Builder's responsibility. In all cases where Builder may be liable, the Builder's total responsibility shall be limited to the cost to correct or repair. All other claims for damages are waived. Builder is not responsible for any damage or claims that in any way arise from any construction or improvement done on neighboring lands. The Builder is not responsible for any water runoff or drainage from any other property onto Buyer's lot. Owner agrees not to change the original drainage set by the Builder. Owner agrees that in some cases a sump pump is required in order to protect the home from water. The outflow from the sump pump may flow onto the lot and result in erosion and water ponding on the lot. Owner agrees it is Owner's responsibility to continually run the sump pump to make certain that the water stays out of the home.

C. Landscaping Any landscaping Buyer does on the lot is done at Buyer's own risk. As a condition of approving the plat on which Buyer's home is located, the City, Township or County may have required a grading and drainage plan. Landscaping work or other changes to Buyer's lot may interfere with the drainage of Buyer's property, or of Buyer's neighbor's property. This is Buyer's responsibility. Buyer should check with the County, City or Township prior to doing any landscaping or any other change in the soil levels of Buyer's lot, to be certain Buyer does not create a drainage problem.

D. Vegetation Builder is not responsible for trees, brush, shrubs or any other vegetation on the Property that may be destroyed, damaged or harmed in any way during construction. Buyer accepts all responsibility for all vegetation on the Property, and agree that Builder is not responsible, under any conditions, for any damage or loss of trees, shrubs, brush or any other vegetation on the Property.

II. CONCRETE Concrete foundations, walks and drives can develop cracks due to characteristics of expanding and contracting of concrete or settling due to the soil on which they are laid. Concrete sidewalks are not on footings and will settle. This is beyond anyone's control. There is no known method of eliminating this condition. Protect your exterior concrete by keeping it free and clear of ice and snow. Do not apply salt in any form. By allowing salt to accumulate, you are subjecting your concrete to scaling and pitting.

A. Cast-In-Place Concrete There is an old saying that "all concrete cracks or is going to crack." Concrete shrinks as it dries and cures. Cracks are expected as concrete dries and settles. These cracks do not harm the structure or anyone's use of the home. "Pop-outs" and scaling are common occurrences as concrete cures and dries. These do not harm the structure or anyone's use of the home. Builder is not responsible for minor cracks, or expected pop-outs or scaling.

1. Foundation Walls Shrinkage cracks are not unusual in concrete foundation walls. The Builder shall repair cracks greater than 1/8 inch in width by surface patching or other methods as required.

2. Basement Floors Minor cracks, pop-outs, and scaling in concrete basement floors are normal. Builder shall repair cracks exceeding 3/16 inch in width or 1/8 inch in vertical displacement by surface patching or other methods as required.

3. Garage Slabs Builder shall repair cracks in garage slabs in excess of 1/4 inch in width or 1/4 inch in vertical displacement by surface patching or other methods as required.

4. Concrete Floors Except for basement floors or where a floor or portion of floor has been designated for specific drainage purposes, concrete floors in rooms designated for habitability shall not have pits, depressions, or areas of unevenness exceeding 1/4 inch in 32 inches. Builder will correct or repair to meet these specifications.

5. Concrete Floors with Finished Flooring Cracks which rupture the finished flooring material shall be repaired. Builder will repair cracks, as necessary, so they are not readily apparent when the finish flooring material is in place. (See also Building Performance Guideline VII, "Finishes.")

6. Stoops, Steps or Garage Floors For a period of one year from closing, stoops, steps or garage floors shall not settle, heave or separate in excess of one inch from the house structures. Water should drain from outdoor stoops and steps. The possibility of minor water standing on stoops for a short period after rain can be anticipated. Builder shall take corrective action to meet these guidelines.

7. Other Concrete Work Color variation can be expected. Concrete surfaces shall not have over 30 rock pop outs per square yard on an average over the entire surface as per ASTM C33 - 90 Class 4S - standards. Concrete surfaces shall not have scaling which occurs over 50% per concrete panel or over 25% of entire driveway. Builder will take whatever corrective action necessary to repair or replace problem concrete surfaces. Builder is not responsible for deterioration caused by salt, chemicals, fertilizer, mechanical implements and other factors beyond its control. Protective Sealers are the responsibility of the Homeowner.

8. Basement Walls and Floors The appearance of dampness or moisture on the basement walls and floors can occur in any home and cannot be prevented. Therefore, it is a non-warrantable condition. Moisture may allow mold growth so Homeowner needs to prevent moisture by the use of a dehumidifier or other means. The Contractor does warrant that the basement will not leak trickling water for one year, except if it is caused by Homeowner's improper landscaping or other acts of the Homeowner. If the lot was owned by the Homeowner prior to the start of construction, the Contractor does not warrant that the basement will not leak. Owner must continually allow any installed sump pump to run. (See also Building Performance Guideline I, "Site Work," B, Site Drainage.")

III. MASONRY

A. Unit Masonry

1. Basement or Foundation Walls Small cracks not affecting structural stability are not unusual in mortar joints of masonry foundation walls. For a period of one year from closing, Builder will repair cracks in excess of 1/8 inch by pointing or patching. After one year, the Builder is no longer responsible.

2. Masonry Walls or Veneer Small hairline cracks due to shrinkage are common in mortar joints in masonry construction. Builder will repair cracks in excess of 3/8 inch by pointing or patching. Builder will not be responsible for color variation between old and new mortar.

IV. CARPENTRY

A. Rough Carpentry

1. Floor Squeaks Extensive research and writing on the subject has concluded that much has been tried, but little can be done about floor squeaks. Generally, these will appear and disappear with changes in weather conditions. A certain amount of floor shrinkage is normal. Complete avoidance of shrinkage is impossible. Floor squeaks and loose subfloors are often temporary conditions common to new construction. A squeak-proof floor cannot by guaranteed. Builder will correct the problem only if caused by an underlying construction defect.

2. Evenness of Wood Floors Floors shall not have more then 1/4 inch ridge or depression within any 32-inch measurement when measured parallel to the joists. Allowable floor and ceiling joist deflections are governed by the applicable building code. Builder will correct or repair to meet these specifications.

3. Bowing of Walls All interior and exterior walls have slight variances on their finished surfaces. Bowing of walls should not detract from or blemish the wall's finished surface. Walls should not bow more than 1/4 inch out of line within any 32-inch horizontal or vertical measurement. Builder will repair to meet these specifications.

4. Vertical Plumb of Walls Walls should not be more than 1/4 inch out of plumb for any 32-inch vertical measurement. Builder will repair to meet this specification.

B. Interior Finish Carpentry Joints in moldings or joint between moldings and adjacent surface shall not result in open joints exceeding 1/8 inch width. Builder will repair defective joints, as defined. Caulking is acceptable.

C. Exterior Finish Carpentry Joints between exterior trim elements, including siding and masonry, shall not result in open joints in excess of 3/8 inch. In all cases the exterior trim, masonry and siding shall be capable of performing its function to exclude the elements. Builder will repair open joints, as defined. Caulking is acceptable.

V. THERMAL AND MOISTURE PROTECTION Mold grows wherever there is moisture, warmth and organic materials, such as wood and paper. It is the Homeowner's responsibility to protect their home from mold. Excessive moisture in a home can cause mold and other problems. Moisture should never form on windows during the winter months. The air conditioning unit must be continually operated from early May through the end of September each year. If you see or smell excessive moisture, call a company that specializes in home heating and air conditioning, or another professional. All air-to-air exchange units must be continually operated year around.

A. Waterproofing Leaks resulting in actual trickling of water shall be repaired. Dampness of the walls or floor may occur in new construction and is not considered a deficiency. Builder will take such action as necessary to correct basement leaks except where the cause is determined to result from Homeowner action or negligence. Builder is not responsible for leaks caused by improper landscaping or failure to maintain proper grades. Builder is not responsible for water leaks or damage where the Homeowner owned the lot prior to construction.

B. Insulation Insulation shall be installed in accordance with applicable energy and building code requirements. Builder will install insulation in sufficient amounts to meet these guidelines.

C. Louvers and Vents Builder will provide attic vents and/or louvers for proper ventilation of the attic space of the structure. Homeowner must keep vents and louvers open and clear of obstructions in order for them to properly operate. Builder is not responsible for Homeowner's alteration to the original design.

D. Roofing and Siding Roof damage caused by someone walking on the roof (e.g. installing radio or television antenna) or due to Homeowner allowing ice dams to form on the roof during the winter months, or damage due to high winds in excess of 35 mph is not warranted. The color or texture of a roof or exterior siding may appear to be inconsistent during certain times of the day due to sunlight, shadows, frost or other changes in temperature, moisture or darkness. Builder will use a color selected by the Homeowner for the shingles and siding. Neither the Builder or the product manufacturer is able to warrant any claims of inconsistent texture or color changes due to natural causes.

1. Roof or Flashing Leaks Roofs or flashing shall not leak under normally anticipated conditions, except where cause is determined to result from ice build-up or Homeowner action or negligence. Builder will repair any verified roof or flashing leaks not caused by ice build-up or Homeowner action or negligence.

2. Standing Water on Flat Roof Water shall drain from a flat roof except for minor ponding immediately following rainfall or when the roof is specifically designated for water retention. Builder will take corrective action to assure proper drainage of roof.

3. Siding All siding shall be installed according to the manufacturer's and industry's accepted standards. Separations and delaminations shall be repaired or replaced. Builder will repair or replace siding as needed unless caused by Homeowner's neglect to maintain siding properly. Repaired area may not match in color and/or texture. For surfaces requiring paint, Builder will paint only the new materials. The Homeowner can expect that the newly painted surface may not match original surface in color.

E. Gutters The Builder strongly recommends that gutters and downspouts be installed on each home, and that they be properly cleaned and maintained by the Homeowner. The Homeowner may chose not to install gutters and downspouts during the initial construction, but may later find that they need to be installed at the Homeowner's expense.

1. Gutters and Downspouts Gutters and downspouts shall not leak, but gutter may overflow during heavy rains. Builder will repair leaks. It is a Homeowner's responsibility to keep gutters and downspouts free of leaves and debris which could cause overflow.

2. Water Standing in Gutters Gutters should work so long as they are unobstructed by debris. Industry practice is to install gutters approximately level. Consequently, it is entirely possible that small amounts of water will stand in certain sections of the gutter immediately after a rain. Builder will correct to meet these guidelines.

F. Sealants Joints and cracks in exterior wall surfaces and around openings shall be properly caulked to exclude the entry of water. Caulk will eventually crack and should be maintained by the Homeowner. Builder will repair and/or caulk joints or cracks in exterior wall surfaces as required to correct deficiencies one time only. Even properly installed caulking will shrink and must be maintained during the life of the home by the Homeowner.

VI. DOORS AND WINDOWS

A. Doors

1. Warpage of Exterior Doors Exterior doors will warp to some degree due to temperature differential on inside and outside surfaces. However, they shall not warp to the extent that they become inoperable or cease to be weather resistant or exceed National Woodwork Manufacturers Association Standards (1/4 inch, measured diagonally from corner to corner). Builder will correct or replace and refinish defective doors.

2. Warpage of Interior Passage and Closet Doors Interior doors (full openings) shall not warp in excess of National Woodwork Manufacturers Association Standards (1/4 inch, measure diagonally from corner to corner). Builder will correct or replace and refinish defective doors to match existing doors as nearly as possible.

3. Shrinkage of Insert Panels Panels will shrink and expand and may expose unpainted surface. Builders are not responsible for this exposure.

4. Split in Door Panel Split panels shall not allow light to be visible through the door. Builder will, if light is visible, fill the split and match paint or stain as closely as possible.

5. Garage Doors Garage doors shall be installed as recommended by the manufacturer. Some entrance of the elements can be expected under abnormal conditions.

B. Glass

1. Broken Glass Broken glass not reported to the Builder prior to closing is the Homeowner's responsibility. Builder shall replace broken glass caused by Builder or Builder's Subcontractors, if given proper notice.

C. Windows

1. Operation of Windows Windows shall operate with reasonable ease, as designed. Builder will correct or repair as required.

2. Condensation on Windows Windows will collect condensation on interior surfaces when extreme temperature differences and high humidity levels are present. Condensation is usually the result of climatic or humidity conditions created by the Homeowner. Unless directly attributed to faulty installation, window condensation is a result of conditions beyond the Builder's control. No corrective action required.

D. Weather-stripping and Seals Some air infiltration is normally noticeable around doors and windows, especially during high winds. Poorly fitted weather-stripping shall be adjusted or replaced. It may be necessary for the Homeowner to have storm doors and windows installed to provide satisfactory solutions in high wind areas. Builder will adjust or correct poorly fitted doors, windows and poorly fitted weather-stripping.

VII. FINISHES Drywall, paneling, wood shrinkage or settlement cracks, nail pops or seams can appear during the "drying out" process of your home. This is normal, and covered in the one (1) year workmanship warranty. In no case does Builder warrant or is Builder responsible for any finishes applied or furnished by the Homeowner.

A. Lath and Plaster Hairline cracks are not unusual in interior walls and ceiling surfaces. Builder will repair, by surface patching or such other methods as required, cracks exceeding 1/8 inch in width as required one time only. Builder will only paint the repaired area. The Homeowner should expect that a newly painted surface may not match the original and/or surrounding surface color.

B. Gypsum Wallboard Slight "imperfections" such as nail pops, seam lines and cracks not exceeding 1/8 inch in width are common in gypsum wallboard installations and are considered acceptable. Builder will only repair defects exceeding 1/8 inch in width, by surface patching or such other methods required one time only. Builder will only paint the repaired area. The Homeowner should expect that a newly painted surface may not match the original and/or surrounding surface color.

C. Ceramic Tile Ceramic tile shall not crack or become loose. Builder will replace cracked tiles and re-secure loose tiles unless the defects were caused by the Homeowner's action or negligence. Builder will not be responsible for discontinued patterns or color variations in ceramic tile. Cracks in grouting of ceramic tile joints are commonly due to normal shrinkage conditions. Builder will repair grouting, if necessary, one time only. Builder will not be responsible for color variations or discontinued colored grout. Regroutiug of these cracks is a maintenance responsibility of the Homeowner during the life of the home.

D. Finished Wood Flooring Builder will repair cracks in excess of 1/8 inch by filling or replacing, at Builder's option. Builder will only stain and finish the repaired area. The Homeowner should expect that a newly stained and finished surface may not match the original and/or surrounding surface color.

E. Flooring 1. Nail Pops on Surface of Flooring Builder will correct nail pops which have broken the surface. Builder will repair or replace, at Builder's sole option, floor covering in the affected area with similar material. Builder will not be responsible for discontinued patterns or color variations in the floor covering.

2. Depressions or Ridges in Flooring Due to Subfloor Irregularities Readily apparent depressions or ridges exceeding 1/8 inch shall be repaired. The ridge or depression measurement is taken as the gap created at one end of a six-inch straightedge placed over the depression or ridge with three inches of the straightedge on one side of the defect, held tightly to the floor. Builder will take corrective action as necessary, to bring the defect within acceptable tolerance so that the affected area is not readily visible. Builder will not be responsible for discontinued patterns or color variations in floor covering.

3. Adhesion of Flooring Flooring shall not lift, bubble or become unglued. Builder will repair or replace, at Builder's sole option, the affected floor as required. Builder will not be responsible for discontinued patterns or color variations of floor covering, or for problems caused by Homeowner's neglect or abuse.

4. Gaps or Seams at Joints Gaps shall not exceed 1/16 inch in width in floor covering joints. Where dissimilar materials abut, a gap not to exceed 1/8 inch is permissible. Builder will repair or replace, at Builder's sole option, the affected flooring as required. Builder will not be responsible for discontinued patterns or color variation of floor coverings, or for problems caused by ordinary wear and tear or by Homeowner's neglect or abuse. F. Painting It is not possible to exactly match color or texture when patching or repairing work. Homeowner agrees to accept Builder's best effort to match color and texture on any repairs.

1. Peeling or Fading of Exterior Paint Exterior paints or stains should not fail during the first year. However, fading is normal and the degree of fading is dependent on climatic conditions. If the Builder determines that the paint or stain is defective, Builder will properly prepare and refinish affected areas, matching color as closely as possible. Where in the sole opinion of the Builder, the finish deterioration affects the majority of a wall area, the whole area will be refinished.

2. Painting Required Because of Repair Work Repairs that are required under these Building Performance Guidelines shall be finished to match surrounding areas as closely as practicable. Repaired area may not match in color or texture.

3. Deterioration of Varnish or Lacquer Finishes Natural finishes on interior woodwork shall not deteriorate for twelve months after application. However, varnish type finishes used on the exterior will deteriorate rapidly and are not the Builder's responsibility. Builder will retouch affected areas of natural finish interior woodwork, matching the color as closely as possible, one time only.

4. Mildew or Fungus on Painted Surfaces Mildew or fungus will form on painted surfaces if the structure is subject to abnormal weather or climatic exposures (i.e. rainfall, lake or river front). Mildew or fungus formation is a condition that the Builder cannot control and is a Homeowner maintenance item, unless it is a result of noncompliance with other sections of these Building Performance Guidelines.

5. Natural Variation in Wood Wood is a natural product. Color variations and imperfections are normal. Builder is not responsible for color variation and imperfections. 6. Brick and Stone Brick may discolor due to the elements, or because of natural materials in the brick. This is expected. The appearance of previously used brick or antique brick cannot be warranted. The appearance of field stones and other natural materials cannot be warranted.

G. Wall Covering Peeling of wall covering shall not occur. Builder will repair or replace defective wall covering applications. Builder will not be responsible for discontinued patterns or for problems caused by ordinary wear or by Homeowner's neglect or abuse.

H. Carpeting

1. Open Carpet Seams Carpet seams will show. However, no visible gap is acceptable and the Builder will correct the problem if the original installation was performed by the Builder.

2. Stretching or Separation of Seams Wall to wall carpeting, installed as the primary floor covering, when stretched and secured properly, shall not come up, become loose or separate from its point of attachment. Builder will re-stretch or re-secure carpeting as needed, if the original installation was performed by Builder and only if the Homeowner has not caused the problem with the carpet.

I. Exterior Stucco Wall Surfaces Cracks are not unusual in exterior stucco wall surfaces. However, Builder shall repair cracks greater than 1/8 inch in width.

VIII. SPECIALTIES

A. Louvers and Vents Attic and crawl spaces shall be vented as required by the approved building code. The Builder shall provide for adequate ventilation, but will not be responsible for alterations to the original system.

B. Fireplaces

1. Draft A properly designed and constructed fireplace and chimney shall function properly. It is normal to expect that high winds can cause temporary negative draft situations. Similar negative draft situations can also be caused by obstructions such as large branches of trees too close to the chimney. It is the Homeowners responsibility to maintain a positive draft while operating a fireplace. Some homes may need to have windows opened slightly to create an effective draft, if the home has been insulated and weatherproofed to meet high-energy conservation criteria. Builder will determine if there is a malfunction and correct it if the problem is one of design or construction of the fireplace.

2. Chimney Separation From Structure to Which it is Attached Newly built fireplaces will often incur slight amounts of separation. Separation shall not exceed 1/2 inch from the main structure in any 10-foot vertical measurement. Builder will determine the cause of separation and correct if guideline is not met. Caulking is acceptable.

IX. COUNTERTOPS AND CABINETS

A. Countertop Lamination Under normal circumstances, countertops fabricated with high pressure laminate coverings shall not delaminate. Standing water for any period of time on the countertop will cause deterioration or raising of the countertop laminate. Builder will replace delaminated coverings to meet specific criteria. Builder will be responsible for chips and cracks only if noted before first occupancy. In all cases, Builder is not responsible for delamination or raising of the laminate countertop resulting from excessive moisture or water left standing on the countertop.

B. Kitchen Cabinets Warpage not to exceed 1/4 inch as measured from face frame to point of furthermost warpage with door or drawer front in closed position. Builder will correct or replace doors or drawer fronts.

C. Cabinets, Ceiling or Wall Gaps Gaps between cabinets, ceiling or walls shall not exceed 1/4 inch in width. Builder will correct to meet this specification.

X. PLUMBING

A. Water Supply System Builder will repair water supply system if failure is the result of defective workmanship or materials. If conditions beyond Builder's control disrupt or eliminate the sources of the supply, the Builder has no responsibility. Builder is not responsible for water quality or quantity after completion of construction. Builder will correct drain, waste, vent and water pipes if failure is the result of defective workmanship or materials. It is the Homeowner's responsibility to drain or otherwise protect lines and exterior faucets exposed to freezing temperatures. In no case is Builder responsible for the location of any well, or water quality or quantity if Homeowner owned the lot/land prior to construction.

B. Plumbing System

1. Leaks No valve or faucet shall leak due to defects in workmanship and materials. Builder will repair or replace the leaking faucet or valve.

2. Defective Plumbing Fixtures, Appliances or Trim Fittings Fixtures, appliances or fittings shall comply with their manufacturer's standards. Builder will replace any defective fixture or fitting which does not meet acceptable standards as defined by the manufacturer. In some cases a refrigerator ice maker supply line may begin to leak because of the Owner's moving of the refrigerator. Builder will make certain that the ice maker supply line does not leak on the closing date, but Owner accepts all responsibility for any leaking in the ice maker supply line after closing.

3. Noisy Water Pipes There will be some noise emitting from the water pipe system due to the flow of water.

4. Cracking or Chipping of Porcelain or Fiberglass Surfaces Chips and cracks on surfaces of bathtubs and kitchen sinks can occur when the surface is hit with sharp or heavy objects. Builder will not be responsible for repairs unless damage has been reported to Builder prior to first occupancy.

C. Septic Tank System Septic system shall be designed and installed to comply with applicable requirements. Once the system is approved by inspectors, Builder has no further liability. Homeowner is cautioned that proper use maintenance is required in order for the septic system to function. This may include using care in putting debris into the system and annual pumping. Homeowner is also cautioned never to drive on the septic tank or drain field, and to be very careful not to cause damage to the septic tank or drain field system by landscaping, plantings or similar activity.

D. Piping

1. Leaks No leaks of any kind shall exist in any soil, waste, vent or water pipe. Condensation on piping does not constitute leakage and is not covered. Builder will make repairs to eliminate leakage if leakage is not caused by Homeowner; where Homeowner's negligence is shown to be the cause, the Homeowner shall assume all repair costs.

2. Stopped Up Sewers, Fixtures and Drains Sewers, fixtures and drains shall operate properly. Builder will not be responsible for sewers, fixtures and drains which are clogged through the Homeowner's negligence. If a problem occurs, the Homeowner should consult Builder for a proper course of action. Where defective construction is shown to be the cause, Builder will assume the cost of the repair; where Homeowner's negligence is shown to be the cause, the Homeowner shall assume all repair costs.

3. Refrigerant Lines Refrigerant lines shall not develop leaks during normal operation. Builder will repair leaking refrigerant lines and recharge unit, unless damage was caused by the Homeowner.

XI. HEATING AND COOLING
Cleaning and proper operation of air conditioning and heating ventilation systems is required. This means the Homeowner must regularly change filters and do other maintenance to make certain that the system functions properly.

A. Heating Heating system shall be capable of producing an inside temperature of 70 degrees F, as measured in the center of each room at a height of five feet above the floor, under local outdoor winter design conditions as specified in the ASHRAE handbook. Federal, state or local energy codes shall supersede this standard where such codes have been locally adopted. Builder will correct heating system to provide the required temperatures. However, the Homeowner shall be responsible for balancing dampers, registers and other minor adjustments. If Homeowner has decided not to finish the basement or some rooms in the house, Builder does not warrant that the heating in the unfinished areas can be maintained at a level consistent with the finished portion of the house.

B. Refrigeration Where air-conditioning is provided, the cooling system shall be capable of maintaining a temperature of 78 degrees F, as measured in the center of each room at a height of five feet above the floor, under local outdoor summer design conditions as specified in the ASHRAE handbook. In the case of outside temperatures exceeding 95 degrees F, a differential of 15 degrees F from the outside temperature will be maintained. Federal, state or local energy codes shall supersede this standard where such codes have been locally adopted. Builder will correct cooling system to meet temperature conditions, in accordance with specifications.

C. Condensation Lines Condensation lines will eventually clog under normal use. This is a Homeowner maintenance item. Builder shall provide unobstructed condensation lines at time of first occupancy.

D. Evaporative Cooling Equipment shall function properly at temperature set. Builder will correct and adjust so that blower and water system operate as designed.

XII. VENTILATION

A. Duct Work When metal is heated it expands and when cooled it contracts. The result is "ticking" or "cracking" which is generally to be expected.

XIII. ELECTRICAL

A. Outlets, Switches and Fixtures

1. Drafts from Electrical Outlets Electrical junction boxes on exterior walls may produce air flow whereby the cold air can be drawn through the outlet into a room.

2. Malfunction of Electrical Outlets, Switches or Fixtures All switches, fixtures and outlets shall operate as intended, but they will eventually wear out and need to be replaced by the Homeowner. Builder will repair or replace defective switches, fixtures and outlets.

B. Ground Fault Interrupter Ground fault interrupters are sensitive safety devices installed into the electrical system to provide protection against electrical shock. These sensitive devices can be tripped very easily. Builder shall install ground fault interrupter in accordance with approved electrical code. Tripping is to be expected and is not covered, unless due to a construction defect.

C. Wiring Wiring should be capable of carrying the designated load for normal residential use. Builder will check wiring for conformity with local, state or approved national electrical code requirements. Builder will repair wiring not conforming to code specifications.

XIV. MOLD DISCLAIMER AND WAIVER
Whether or not you, as a homeowner, experience mold growth depends largely on how you manage and maintain your home. The Builder's responsibility must be limited to things that the Builder can control. As required by Minnesota Statutes Chapter 327A, and these Guidelines, the Builder will repair or replace construction defects. The Builder is not responsible for any damages caused by mold, or by some other agent that may be associated with defects in construction. These damages include, but are not limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. Any implied warranties, including an implied warranty of workmanlike construction, an implied warranty of habitability, or an implied warranty of fitness for a particular use, are hereby waived and disclaimed by the Homeowner.

XV . LIMITATIONS

A. Whenever these guidelines require that the Builder repair, patch, correct, replace, install, refinish, paint, stain, caulk, fill, match, adjust or in any other way correct any work, the work shall be done in the manner determined solely by the Builder to best remedy the problem.

B. Anytime corrective work involves texturing, painting, staining, finishing or otherwise working with colored material, Homeowner should expect that the new surface may not match the original and/or surrounding surfaces.

C. In no case is Builder responsible for Homeowner's alteration of the original construction or design of the home. Builder is not responsible for any labor, materials or subcontractors provided by the Homeowner in construction of the home.

D. To the full extent allowed by law, Builder's responsibility for any construction problem or defect is limited to the cost of repair or replacement. Homeowner waives all other claims for losses, and all consequential and incidental damages.

XVI. WARRANTY WORK
Aside from an emergency, it is common for new homeowners to notice small problems during the first year of ownership. The Homeowner must send a written list of all of these items to the Builder during the 11th month after closing for Builder's consideration for repair. Homeowner should review these Construction Performance Guidelines when considering items that need repair. Written lists of repairs must be mailed or faxed to the Builder. If the Homeowner purchased a Homeowner's Warranty Policy at closing, the Homeowner must carefully review the policy to make certain they understand the time periods under which they must notify the warranty company of any problems with the home. Sending a written notice to the Builder will not be sufficient for the Homeowner to retain the protection of Homeowner's Warranty Policy. The Homeowner must give any written notice of a problem to the warranty company as provided in the policy.

We (I) received these Building Performance Guidelines as part of our Construction Contract or Purchase Agreement. ________________________________________ Homeowner Date ________________________________________ Homeowner Date