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Version: 2011.07.01

Classic Homes Limited Warranty

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This section contains the full text of the Classic Homes Limited Warranty, Sections I through X.

Throughout the Classic Homes Limited Warranty, referred to hereinafter as the "Limited Warranty", the words "You" and "Your" refer to the Homeowner and/or Homeowners Association. The words "We", "Us" and "Our(s)" refer to Classic Homes. Refer to the Section X. Definitions, so that You will understand the terminology applicable to this Limited Warranty.

This Limited Warranty establishes an agreed method for determining when a construction defect exists and a clear understanding of Our responsibilities for remedying any such construction defect. This Limited Warranty also helps distinguish a construction defect that is Our responsibility from those minor imperfections that can reasonably be expected in a home or the common elements or result from normal wear and tear or are routine Homeowner or Homeowners Association maintenance responsibilities.

This Limited Warranty contains the procedures You must use to notify Us of a condition in your home or the common elements, which You believe may constitute a construction defect. In the event a condition occurs in the home or the common elements that You believe may constitute a construction defect, You agree to submit any request for warranty performance under this Limited Warranty. Based on the information You provide, and where We deem it necessary information obtained from an onsite inspection/or testing of the home or the common elements, We will determine whether We agree with You that the condition constitutes a construction defect. If We determine that the condition reported by You is a construction defect, We will remedy the condition in accordance with the remedies prescribed in this Limited Warranty. We will make this determination in accordance with Section III. Our Coverage Obligations, contained in this Limited Warranty.

If We determine that a condition does not constitute a construction defect that is Our responsibility and therefore deny Your request for warranty performance, You have the right to initiate binding arbitration that will irrevocably determine whether the condition constitutes a construction defect that is Our responsibility. If this binding arbitration determines that the condition does constitute a construction defect that is Our responsibility, We will resolve the problem in accordance with the remedies prescribed in this Limited Warranty. The Arbitrator will make a determination based on the language contained in Section III, Our Coverage Obligations.

This Limited Warranty is the only express warranty given by Us to You. Any express warranties other than this limited warranty, including any oral or written statement or representation made by Us or any other person that is contrary to or inconsistent with the terms of this Limited Warranty are hereby disclaimed by Us and waived by You. This is a Limited Warranty and, as such, its coverage is restricted by its express terms, conditions, and exclusions. It does not affect any substantive rights or remedies You or We may have under Construction Defect Action Reform Act, C.R.S. 13-20-801 et seq. or applicable law, and nothing in this Limited Warranty is intended to constitute a waiver of, or limitation on, the legal rights, remedies or damages provided to You or Us by the Construction Defect Action Reform Act, C.R.S. 13-20-801 et seq. or the Colorado Consumer Protection Act, Article 1, Title 6, C.R.S., as described in the Construction Defect Action Reform Act, or on the ability to enforce such legal rights, remedies, or damages within the time allowed by applicable statutes of limitations or repose, but this Limited Warranty does include an election by You and Us to resolve all claims, disputes and controversies, of whatever kind or nature, by binding arbitration as stated in the preceding paragraph.

If any provision of this Limited Warranty is determined to be unenforceable, such a determination will not affect the remaining provisions. If this Limited Warranty or any provision herein is determined to be unenforceable as to a Homeowners Association or a specific Homeowner, such a determination will not affect the enforceability of this Limited Warranty or such provisions as to any other Homeowner Association or any other Homeowner. The issue of enforceability, as well as all other issues, will be determined by Binding Arbitration as provided for in this Limited Warranty.

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