Warranty Procedures
Building Owner’s Warranty Manual
Imperial Hotel
01/31/2014
Warranty Notification Process
1. Overview of Commitment
JM Wilkerson Construction (JMW) is committed to building every project using quality
materials and workmanship. This commitment is as important to us after you move in as it was
the day that you contracted your project. As such, the JMW’S Limited Warranty covers your
project.
The warranty lists the specific items which are covered applicable warranty periods, as well as
the details, exclusions, and conditions of coverage. Please review this warranty manual prior
to filling a warranty claim to ensure that items claimed are covered under the warranty and
review possible homeowner maintenance issues. For your convenience, we have provided a
simple step-by-step guide to assist you in determining whether specific items may be covered
under the warranty.
JMW is committed to delivering your project clean and free from material defects in
workmanship. If you discover material defects in workmanship during the warranty period,
JMW will correct those defects at no cost to you. However, JMW is not responsible for
problems that result from ordinary wear and tear or damage caused by you or any invitees to
your building.
Your project is built to last for many years if you commit to the ongoing care and maintenance.
From offering pre-closing inspections with a JMW project Quality Assurance Inspector (QAI), to
providing helpful maintenance information, JMW’s desire is to help you understand how to
effectively maintain and maximize the enjoyment of your building.
In addition, please be sure to read all sections of the Building Owner’s Manual to familiarize
you with your maintenance responsibilities.
Owner maintenance is a continual process. In addition to the maintenance information
provided in this handbook, it is important that you keep all product manufacturers’ information
(which contain maintenance instructions specific to your particular products). Many
manufacturer’s also have informative websites that can be a great resource to you.
2. Who is covered?
Warranty Procedures
Building Owner’s Warranty Manual
Imperial Hotel
01/31/2014
3. How long does the Limited Warranty run?
The limited warranty runs for a period of one (1) year from the date of substantial completion.
Please be aware that the date substantial completion was January 24, 2014. Actions
taken to cure defects as defined below will not extend the period of coverage specified in the
limited warranty or any applicable statutes of limitation or repose.
4. What is covered?
JMW warrants that your property will be free from non-structural defects in the construction
materials and workmanship of your home. Non-structural defects are defects that do not
jeopardize the structural integrity of your home. This limited warranty relates exclusively to
defects in the materials or workmanship supplied by JMW.
JMW further warrants that it will repair or replace major structural defects in order to, among
other things, restore load-bearing function and make repairs necessary to make the home
safe.
The repair of a defect includes the repair, replacement, or refinishing of only those surfaces,
finishes, and coverings which were damaged by the defect and that were a part of the home at
the time of substantial completion. Any repair or replacement will attempt to return the
defective areas of your home to a similar condition that they were in prior to the structural
defect.
JMW expressly disclaims that the repaired areas will be restored to a “brand new” condition.
JMW does not guarantee or warrant exact color or texture matches with the original
surrounding area due to natural fading, the unavailability of the original materials and other
factors beyond JMW’s reasonable control to include cost.
JMW reserves the right to use its discretion in determining the most appropriate method of
repairing warranty defects.
5. What is not covered?
This limited warranty expressly excludes:
I.
Loss of, or damage to, any real property which is not part of the property covered by
this limited warranty and which is not included in the original purchase price of the
condominium unit as provided in your purchase and sale agreement.
II.
Any damage caused (or made worse) by:
a.
Negligence, improper maintenance, intentional, or improper operation by anyone
other than JMW.
Warranty Procedures
Building Owner’s Warranty Manual
Imperial Hotel
01/31/2014
b.
Failure by the Owner or anyone other than JMW to comply with the warranty
requirements of manufacturers of appliances, fixtures and equipment.
c.
Failure by the homeowner to give timely notice to JMW of any defects.
d.
Changes, alterations or additions made to the building by anyone other than JMW
after substantial completion.
e.
Dampness or condensation due to the Owner’s failure to maintain adequate
ventilation.
f.
Loss or damage caused by the Owner’s failure to take timely action to mitigate or
minimize.
g.
Any effect caused by, or resulting from, materials or work supplied by someone
other than JMW.
h.
Normal fair wear and tear or normal deterioration to the project.
i.
Loss or damage not otherwise excluded under the limited warranty or does not
constitute a material defect in the construction of the project by JMW.
j.
Loss or damage caused (or worsened) directly or indirectly by, or resulting from,
accidents, riots, acts of terror, civil unrest, theft, vandalism, fire, explosion, power
surges or failures, smoke, water escape, failing objects, aircrafts, vehicles, unusually
severe weather, including but not limited to lighting, wind, hail, hurricanes and other
acts of God.
k.
Loss or damage caused (or worsened) directly or indirectly by surface water, water
which backs up from sewers or drains, changes in the water table which were not
reasonably foreseeable at the time of construction, or water below the surface of the
ground (including water which exerts pressure on, or seeps or leaks through, a
sidewalk, driveway, foundation or other structure).
l.
Loss or damage resulting from the use of the building for non-residential purpose.
m.
Bodily injury or damage to personal property.
n.
Consequential damages including, but not limited to, costs of shelter, food,
transportation; moving and storage, any other expenses related to inconvience or
relocation during repairs to the building, and diminution of the market value of the
condo unit.
6. How Do I make a Warranty Claim?
If you notice an area or item in your new home that needs adjustment or corrections:
A. Check your warranty material, including this limited warranty and other manufacturer’s warranty documents to determine if the item is covered and that the applicable warranty period has not expired.
B. Read through the appropriate chapter of this handbook.
C. Determine if the problem is a maintenance area that is your responsibility.
D. If it is the Owner’s responsibility, refer to the Building Owner’s Warranty Manual for useful maintenance suggestions and advice.
E. If you believe that an item is covered by this limited warranty, please follow the specific instructions as described in this handbook.
F. JMW may choose to adjust or correct each item as it is submitted or may hold your request and complete all warranty work at a designated time.
Warranty Procedures
Building Owner’s Warranty Manual
Imperial Hotel
01/31/2014
6.1 STEP ONE: Does the claim relate to an issue covered by the One Year Limited Warranty?
If the claim relates to an issue covered by the One Year Limited Warranty (for example, problems in community common areas or with landscaping), please refer to Step Four, which contains the contact information for your project.
6.2 STEP TWO: Is it an EMERGENCY Warranty Item?
Emergencies, as defined below, are problems which require immediate attention to protect you or your family.
A. Air Conditioning: A complete failure of air conditioning in extreme heat: Contact Shumate Mechanical at 678-584-0880 and ask for the service department.
B. Plumbing leak cannot be isolated: Turn off main water line at the condo or at the water meter, and contact M&G Plumbing at 404-588-9295.
C. Electrical problems: An electrical failure frequently indicates a neighborhood-wide power failure, which should be reported to GA Power Company at 888-891-0938. If the total electrical failure affects your condo only, contact D&N Electrical at 404-254-4200 for assistance.
D. Gas leaks: Call Atlanta Gas Light immediately at 877-427-4321.
6.3 STEP THREE: Is the claimed item(s) covered under a separate manufacturer’s warranty?
Many of the consumer products purchased for your project may be covered under separate manufacturers’ warranties. At closing, JMW assigns the rights under these manufacturer warranties to the homeowner. If your claim is covered under a manufacturer’s warranty, please contact the manufacturer directly for warranty assistance. In the event that the owner files a timely warranty claim with the manufacturer and fails to receive a response, JMW will assist the homeowner in attempting to resolve the claim.
We recommend that you review, complete, and return any warranty registration forms for these products immediately after your move in to your new home.
Please be aware that manufacturer’s may charge a service call fee for any non-warrantable (as determined by the manufacturers) repairs or replacement services.
6.4 STEP FOUR: Is the claimed item(s) covered under the One Year Limited Warranty?
Please review the warranty to determine if the item(s) is covered based on the type of items(s) claimed and the time which has elapsed since the closing date on your home.
6.5 STEP FIVE: If it is covered under the warranty, how do I file a warranty claim?
JMW requires that all warranty requests be submitted via fax, email or U.S. Mail. For faster service, please submit your warranty request via the internet at www.jmwilkerson.com. Simply clink on the “Warranty” tab and provide the requested information.
Warranty Procedures
Building Owner’s Warranty Manual
Imperial Hotel
01/31/2014
To submit a warranty request via fax, please complete the warranty request form and fax it to 770-953-2659 attention Warranty Manager.
To submit a warranty request via U.S. Mail, please complete the warranty request form and send it to 1734 Sands Place, Marietta, GA 30067 Attention Warranty Manager.
To follow up by phone please call 770-953-2659 and ask to speak with the Warranty Manager.
6.6 STEP SIX: Now that I have filed my warranty claim, what happens next?
For all warranty claims filed within filed within one year of the warranty period expiration date on your home, JMW will contact you to discuss your warranty claim within approximately seventy-two (72) hours following our receipt of your request. For all other warranty claims, you will be contacted within the same period of time by a JMW Warranty Representative.
JMW will conduct a timely and thorough review of your warranty claim and notify you, in writing, with respect to our warranty coverage determination on each item. In some cases, it will be necessary to schedule an on-site inspection to further assess whether a claimed item(s) is covered under the warranty.
If JMW determines that an item(s) on your warranty claim is covered under the warranty, we will repair or replace the item, as needed, at no charge to you. The work will be performed by a JMW Representative or trade contractor, as determined, and scheduled with you by a JMW Warranty Representative.
You or your authorized representative must be present to provide access to your home for warranty items to be completed. A homeowner’s failure to provide reasonable access to the home during normal working hours (8 am – 4 pm Monday through Friday) complete repairs will relieve JMW of its obligations under the Warranty.
7. Dispute / Choice of Law / Venue
JMW will make every effort to resolve each homeowner warranty claim in promptly and
effectively. However, if a dispute arises that the homeowner and JMW are unable to resolve and lawsuit brought by the homeowner to enforce or interpret this limited warranty must be filed in the Superior Court of Cobb County, Georgia. In addition, the validity, interpretation and performance of this limited warranty shall be governed by the laws of the State of Georgia. Notwithstanding the forgoing, in the event any such action is filed in a court of law, JMW shall, in its sole and absolute discretion, be entitled to elect whether to have such matter be submitted and be decided by binding arbitration in Cobb County, Georgia, in accordance with the rules of the American Arbitration Association.
Application of Georgia’s resolution of Construction Defects Statute
GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR
Warranty Procedures
Building Owner’s Warranty Manual
Imperial Hotel
01/31/2014
HOME. NINETY (90) DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.
