HomeMy WebLinkAbout06-3580IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
1505 Inverness Drive
Mechanicsburg, PA 17055,
Plaintiffs
NO. OG - 35'90 O-t.uc4 -F,
V.
HAUBERT HOMES, INC.
15 Central Boulevard
Camp Hill, PA 17011,
Defendant
NOTICE
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and notice are served by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
AVISO
Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en
las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta
queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en
escribir con la corte sus ddefensas u objeciones a las demandas dispuestas contra usted el
abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y
un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier
dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por el
demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a
usted.
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI
USTED NO RACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO LA
OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA
INFORMACION SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE
PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE
USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS
DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO O NINGUN HONORARIO.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN NO. OG- 3 S 70
-( '
1505 Inverness Drive
Mechanicsburg, PA 17055,
Plaintiffs
V.
HAUBERT HOMES, INC.
15 Central Boulevard
Camp Hill, PA 17011,
Defendant
COMPLAINT
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, come the Plaintiffs, Susan and Patrick Moran, by and through their
attorneys, Stock and Leader, and assert this cause of action against the above-named Defendant
based upon the following allegations:
1. Plaintiffs, Susan and Patrick Moran, are adult individuals and owners of a certain
tract of land and residential dwelling located thereon at 1505 Inverness Drive, Mechanicsburg,
PA 17055.
2. Defendant, Haubert Homes, Inc., is a Pennsylvania corporation duly organized
and incorporated under the laws of the Commonwealth of Pennsylvania with a principal place of
business at 15 Central Boulevard, Camp Hill, PA 17011.
3. At all times material hereto, Defendant acted or failed to act individually, and/or
by and through its agents, servants, officers and/or employees within the course and scope of
their agency and employment.
4. Pursuant to a Residential Construction Agreement dated January 27, 2003,
Defendant agreed to construct a residence for Plaintiffs located at 1505 Inverness Drive,
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Mechanicsburg, PA 17055, and to do so within good and workmanlike standards consistent with
the construction industry and in accordance with plans and specifications referenced within the
construction documents and incorporated by reference. A true and correct copy of the foregoing
Agreement is attached hereto as Exhibit "A" and incorporated by reference.
5. On or about August 26, 2003, Defendant and/or its duly authorized agents,
servants or employees attended closing on the aforementioned transaction, whereafter Plaintiffs
obtained occupancy and ownership of the underlying residence.
6. During the Fall of 2004, discoloration of the vinyl flooring in the master bathroom
occurred.
7. The vinyl flooring manufacturer informed Plaintiffs that the discoloration of the
vinyl flooring was likely due to a water problem.
8. In January 2005, Plaintiffs hired Joseph M. Greer Construction ("Greer") to
correct the problem.
9. Greer determined that the shower stall was leaking water and causing damage to
the floor. He determined that the reason for the leak was faulty construction, including improper
grouting and sealing of the tiles and shower enclosure.
10. Plaintiffs incurred expenses with Greer and for proper grouting on inside ledge of
shower and for replacement of the bathroom floor in the amount of $1,145.17.
11. By letter dated June 7, 2005, counsel for Plaintiffs informed Haubert Homes, Inc.
of the leak from the shower stall and demanded payment in the amount of $1,145.17. A true and
correct copy of the June 7, 2005 letter is attached hereto as Exhibit "B" and incorporated by
reference.
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12. By letter dated August 5, 2005, counsel for Haubert Homes responded to the June
7, 2005 letter. The response alleged that the leak was caused by improper maintenance by
Plaintiffs and indicated that the incident occurred outside of the one-year warranty period. A
true and correct copy of the August 5, 2005 letter is attached hereto as Exhibit "C" and
incorporated by reference.
13. Before Plaintiff could pursue recourse to the first incident in September 2005,
Plaintiffs once again noticed discoloration on the vinyl flooring in the master bathroom and
contacted Ken Edgar of Mechanicsburg Flooring Company to correct the problem.
14. In October 2005, Plaintiffs noticed water dripping from the dining room and
kitchen ceilings beneath the master bathroom.
15. In October 2005, Ken Edgar removed the shower stall from the master bathroom.
The shower stall had been improperly installed by Haubert Homes.
16. Plaintiffs employed Secco Plumbing to confirm that it was the shower stall
leaking, and not other plumbing problems that caused the water damage.
17. Upon investigation, it was discovered that the reason for the aforementioned leak
and resulting damage was faulty construction, including, but not limited to, improper installation
of the shower stall in the master bedroom shower and improper grouting and sealing of the tiles
and shower enclosure.
18. Plaintiffs expended over $4,000.00 to various contractors and suppliers to repair
the damage caused by the faulty installation of the shower stall in the master bedroom.
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19. Defendant failed and refused to honor previous request by Plaintiffs for
Defendant to adequately remedy the aforesaid problems, but instead has simply blamed the
aforementioned latent problems on improper homeowner maintenance.
20. As a result of Defendant's actions and/or inactions, Plaintiffs have been forced to
have the issues remedied, for which claim is hereby made.
COUNT I: NEGLIGENCE
Plaintiffs v. Defendant
21. Plaintiffs incorporate by reference the preceding paragraphs of this Complaint as
if fully set forth herein.
22. The Defendant, at all times material hereto, had a duty to act as a reasonably
prudent contractor.
23. The Defendant breached this duty by, inter alia, improperly installing the
Plaintiffs' master bedroom shower; by improperly grouting and sealing the tiles of the shower
enclosure; and by otherwise engaging in substandard workmanship when constructing Plaintiffs'
residence.
24. The cost of repairing the damage caused by Defendant in the foregoing regard
and/or damages as otherwise described herein is less than Thirty-Five Thousand Dollars
($35,000.00), the arbitration limit for this jurisdiction.
WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and
against Defendant and this Honorable Court enter all other appropriate relief, including interest,
costs of suit and attorneys' fees.
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COUNT II: BREACH OF CONTRACT/WARRANTY
Plaintiffs v. Defendant
25. Plaintiffs incorporate by reference the preceding paragraphs of this Complaint as
if fully set forth herein.
26. On or about January 27, 2003, Plaintiffs and Defendant entered into a Residential
Construction Agreement whereby Defendant was to construct a residence for Plaintiffs for the
price and at the location identified within the Agreement attached hereto as Exhibit "A."
27. Within the Agreement, as attached hereto as Exhibit "A," Defendant agreed, in
writing, that "all Contract Work will [would] be of good quality, in conformance with the
contract documents." See Exhibit "A" at 14.3.
28. Defendant materially breached the aforesaid Agreement and/or failed to properly
complete material items of work in a workmanlike manner as required under the Agreement and
related contractual documents.
29. In addition to breaching the foregoing, Defendant breached implied warranties
accruing to Plaintiffs, including the implied warranty of habitability and construction in a good
and workmanlike manner by failing to deliver to Plaintiffs a residence that was constructed in a
reasonably workmanlike manner that was fit for habitation as a residential dwelling and/or by
otherwise delivering to Plaintiffs a residence containing a major impediment to habitation.
30. The foregoing failures and/or breaches of contract by Defendant constitute
material breaches of said Contract; a material breach of Defendant's implied duty to cooperate
and not hinder; and, a material breach of Defendant's implied duty of good faith and fair dealing,
entitling Plaintiffs to their damages.
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WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and
against Defendant and this Honorable Court enter all other appropriate relief, including interest,
costs of suit and attorneys' fees.
COUNT III: VIOLATION OF
UTPCPL, 73 Pa.C.S.A. §201-1, et seq.
Plaintiffs v. Defendant
31. Plaintiffs incorporate by reference the preceding paragraphs of this Complaint as
if fully set forth herein.
32. Section 201-2(4) of the Pennsylvania Unfair Trade Practices and Consumer
Protection Law, 73 Pa.C.S.A. §201-1, et seq. (the "Consumer Protection Law"), defines "unfair
methods of competition" and "unfair or deceptive acts or practices" as, inter alia:
"XIV failing to comply with the terms of any written guarantee or
warranty given to the Buyer, at, prior to or after a contract for the
purchase of goods or services is made.
XVI making repairs, improvements or replacements on tangible
real or personal property of a nature or quality inferior to or below
the standard of that agreed to in writing;"
33. The aforesaid failures and/or breaches by Defendant constitute prohibited
practices within the meaning of the Consumer Protection Law and including, but not limited to,
said §201-2(4)(XIV) and (XVI).
34. The violations by Defendant of the Consumer Protection Law support the award
of treble damages, reasonable attorney's fees and costs pursuant to 73 Pa.C.S.A. §201-9.2.
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WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in
their favor and against Defendant, plus treble damages, reasonable attorneys' fees, costs, interest
and such additional relief as the Court deems just and proper.
STOCK AND LEADER
Date: June 23, 2006 By: &6V-e
Philip. Spare, Esquire
Supreme Court I.D. #65200
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Telephone: (717) 846-9800
Fax: (717) 843-6134
Attorney for Plaintiffs
PHS/clh
UAPHS\ClienlsWoran, Patrick and Susan\Complaint 03-08-06.doc
VERIFICATION
We, Susan Moran and Patrick Moran, verify that the statements made in the foregoing
Complaint are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities.
b '`4: - C&I
Date
Susan 1Vloran
/ 6 )-ea ?-
Dke
Patri k Moran
?flAUBIRT
Inc.
Custom Building for Generations
15 Central Blvd., Camp Hill, PA 17011
(717) 761-7951 D FAX (717) 761-4125
HAUBERT HOMES
RESIDENTIAL CONSTRUCTION AGREEMENT
DEVELOPMENT LOT
THIS AGREEMENT (hereinafter referred to as "Agreement") made the --2
day of n in the year 2003, by and between HAUBERT HOMES,
INC. (hereinafter referred ?red to as "Contractor") and
P(n \ \Orur, 4
of 0,,7\
(hereinafter referred to as
WITNESSETH that in consideration of the mutual covenants and agreements
herein contained, and intending to be legally bound hereby, the parties hereto do agree to
the following terms and conditions:
1. Definitions. The following terms shall have the assigned meanings for the
purposes of this Agreement:
Section 1.1. Contract Documents. The contract documents consist of this
Agreement (including the Specific and General conditions attached to the Agreement), any
drawings, and where applicable, the Radon Disclosure Addendum, specifications, plans,
schedules, amendments and change orders relating to the Agreement. These documents
constitute the entire contract between the Contractor.and Buyer, and shall not be
modified except by written amendment to the affected contract documents executed by
both the Contractor and the Buyer. Any and all oral discussions, understandings, and
agreements between the Contractor and the Buyer before the execution of the
Agreement which are not specifically covered by the Contract documents are void and are
not enforceable against either the Contractor or the Buyer.
2. Contract Work. The Contractor agrees to furnish all material and labor
necessary for the construction of a residence io;ntified as:
(the "Contract Work") upon the property of Buyer located at
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(the "Property"). The Contract Work shall be performed in accordance with Schedule
EXHIBIT
"A", plans and specifications f imi hed by the Contractor and known and identified as
arc e,(? ? duplicate copies of which have been
signed by the Contractor and the Buyer hereto and delivered to both parties at the time
of or before execution of s Agreement. The Buyer shall ay t? 1the Contractor the sum
of . ? 1 -= rCtytl ...fl ow 5s C'L (O 1 a a u„ (the
"Contract Price") for the Con act Work in accordance with p l f5 $ject to
additions and/or reductions by change order as provided in paragraph 5.4 of the
Agreement.
THE CONTRACT PRICE IS BINDING UPON CONTRACTOR ONLY IF
THE CONTRACT WORK IS COMMENCED WITHIN SIXTY (60) DAYS AFTER
THE DATE OF THIS AGREEMENT. IN THE EVENT THE CONTRACT WORK IS
NOT COMMENCED WITHIN SIXTY (60) DAYS FROM THE DATE OF THIS
AGREEMENT, THE CONTRACTOR, AT ITS SOLE OPTION, MAY TERMINATE
THIS AGREEMENT AND NEGOTIATE A NEW CONTRACT WITH THE BUYER.
3. Obligations of Buyer.
3.1. Buyer is purchasing the Lot from Developer on which Contractor is to build
the home. Buyer holds harmless and indemnifies Contractor from any costs of liabilities
arising from Buyer's contract with Developer.
3.2. Buyer acknowledges responsibility for and assumes all risk of encountering
subsurface conditions of the land which may arise before commencement, during, or after
completion of construction by Contractor.
3.2.1. Buyer acknowledges the right to retain engineering services, at Buyer's
expense, to investigate the Property for suitability for construction. Whether or not such
services are engaged, Buyer shall be responsible for any and all costs arising from
conditions of the land, including but not limited to: additional excavation and blasting,
additional reinforced foundation work and suitable fill material. Buyer shall hold
Contractor harmless of aforementioned costs.
3.3. Buyer shall review the Schedule "A", plans and specifications submitted by
Contractor and shall give prompt written notice to the Contractor of any fault or defect
in the said plans and specifications.
3A. Buyer shall have furnished to the Contractor reasonable evidence
satisfactory to the Contractor, prior to starting work under this Agreement, that sufficient
funds are available and committed to pay the Contract Price.
3.5. It shall be the responsibility of the Buyer to approve the Contractor's
placement of the Contract Work on the Property including locating the lot corners,
elevations and other data necessary for this purpose. If the Buyer fails to provide the
Contractor with directions to locate the Contract Work on the Property prior to the
time that the Contractor commences the Contract Work, the Contractor may place the
Contract Work on the Property but shall be released, indemnified and held harmless by
the Buyer for any liability under the Agreement or otherwise for any claim, demand or
cause of action whatsoever arising out of the location of the Contract Work on the
Property.
3.6. The Buyer shall be responsible for assuring that all public utilities and/or
municipal services required during completion of the Contract Work as well as for use of
the Property for residents urposes have been extended to the Property right-of-way line.
If the Property will be served either a private ?H or an on-lot sewage disposal system,
the Contractor shall have no lit i i to Buyer and the Buyer specifically indemnifies,
releases and holds harmless on actor from and against any claim, demand or cause
of action whatsoever ' mg out of the ceptability or suitability of the private well
and/or on-lot se a disposal system inclu ' g but not limited to: the suitability of the
water supply or human consumption, or the a acy of the water supply as well as the
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soil suitability, soil absorption, maintenance and operation of the on-lot sewage disposal
system.
4. Obligations of the Contractor.
4.1. The Contractor will provide all construction supervision, inspection, labor,
materials, tools, equipment, and subcontracted items necessary for the execution and
completion of the Contract Work.
4.2. The Contractor will pay all sales, use, gross receipts and similar taxes relat
to the Contract Work to be provided by the Contractor, which taxes have been legally
enacted at the time of execution of this Agreement.
4.3. The Contractor warrants to the Buyer that all materials and equipment
incorporated into the Contract Work will be new unless otherwise specified, and that all
Contract Work will be of good quality, in conformance with the contract documents.
4.4. The Contractor shall at all times keep the premises reasonably free from the
accumulation of waste materials or rubbish caused by the operations of the Contractor.
At the completion of the Contract Work, the Contractor shall remove all tools,
construction equipment, machinery and surplus materials, and shall leave the work area
"broom" clean or its equivalent.
4.5. The Buyer hereby authorizes, directs and appoints the Contractor to act as
the Buyer's agent and attorney-in-fact in the Buyer's name and at the Buyer's expense to
procure all applicable permits and approvals. The Buyer shall cooperate with the
Contractor to the extent necessary to acquire all necessary permits and approvals
including but not limited to, executing all required forms and applications, expeditiously
providing the Contractor with all information required to complete the forms and
applications. The Buyer releases, indemnifies and holds harmless the Contractor with
respect to any claim, demand or liability whatsoever arising out of the Contractor's
failure to obtain any permit or approval not specifically listed by the Buyer.
5. Payment of Contract Price, Progress Payments.
5.1. As compensation for the completion. of the Contract Price, th Bu e'r?aereees
to pay th Contra for in rrent funds, the Contract Price ofQ,? r l?nAn _3
r, _Qs2 _ $ (subject to the provisions of
paragraph 2 of this Contract an in 't s paragraph 5).
5.2. The Contract Price shall be paid by the Buyer to the Contractor according
to the following Draw Schedule upon written applications for payment submitted by the
Contractor to the Buyer:
0% of the Contract Price upon the execution of this Agreement;
20 of the Contract Price upon the completion of the foundation;
2CJ % of the Contract Price when the roof is completed, when framing and
sheathing are completed and when all windows are set in place;
2n % of the Contract Price when the installation of electrical and plumbing
systems, in rough fomt, are completed;
2o% of the Contract Price when the interior drywall is sanded and ready for
painting;
20% of the Contract Price upon substantial completion of the building as
defined in the Agreement or at the time of occupancy of the Contract
Work by the Buyer.
This Draw Schedule may be modified in writing by the Buyer and the Contractor to
conform to the Schedule of Advances required by the Buyer's construction mortgage
lender.
5.3. The Contract Price includes estimates or allowances for certain items of
work as more specifically set forth on Schedule "A" attached hereto and made a part
hereof. THE BUYER UNDERSTANDS AND AGREES THAT THE CONTRACT
PRICE IS SUBJECT TO DECREASE OR INCREASE BASED UPON THE ACTUAL
COST OF SUCH WORK PLUS A 10% FEE FOR OVERHEAD AND THAT NO SUCH
CHANGE SHALL INVALIDATE THIS AGREEMENT.
The Contract Price shall be subject to change if the Buyer's lot conditions
require additional foundation work in excess of the plans and specifications, including
Engineering, design, and inspection costs of same.
5.4. A Change Order is a written order to the Contractor signed by the Buyer
or his authorized agent and issued after the execution of this Agreement, authorizing a
change in the Contract Work and/or an adjustment in the Contract Price, or the
Contract Time.
5.5. The Buyer, without invalidating the Agreement, may order changes in the
Contract Work consisting of additions, deletions, or modifications. The Contract Price
and the Contract Time shall, where appropriate, be adjusted accordingly. All such
changes in the Contract Work shall be authorized by written Change Order signed by
the Buyer and the Contractor's representative. No change order work shall be
commenced until a change order signed by Buyer is received by Contractor. Buyer shall
make payment in advance for all Change Order work.
5.6. The Contract Price, Contract Work and the Contract Time may be
changed only by Change Order or as otherwise specified in this Agreement.
5.7. The cost or credit to the Buyer from a change in the Contract Work shall be
determined by mutual agreement.
5.8. Final payment constituting the unpaid balance of the Contract Price as
adjusted by Change Order shall be due and payable when the Contract Work is
delivered to the Buyer, upon substantial completion, or prior to the Buyer occupying the
home, whichever event first occurs.. If there should remain minor items to be completed,
the Contractor and the Buyer shall jointly list such items after a joint "walk-through"
inspection of the Contract Work (hereinafter referred to as "Punch List"). Completion
of such items by the Contractor shall not extend Substantial Completion of the Contract
Work nor delay payment of the balance of the Contract Price. The Buyer shall not
occupy the Contract Work until the Contract Price has been paid in full.
5.9. The making of final payment shall constitute a waiver of all claims by the
Buyer except those arising from (1) unsettled liens, (2) faulty or defective Contract
Work appearing within one (1) year after substantial completion, (3) failure of the
Contract Work to comply with the requirements of the contract documents, or (4)
completion of the Punch List. Acceptance of final payment shall constitute a waiver of all
claims by the Contractor except those previously made in writing and still unsettled.
Occupancy of the home by the Buyer shall constitute acceptance of same by the
Buyer, and the Contractor, except as provided above, shall thereafter be under no
obligation whatsoever to the Buyer relative to the construction of said home.
6. Time of Performance; Substantial Completion.
6.1. The Contract Work to be performed under the Agreement shall be
commenced on or about fifteen (15) days after the date the Buyer has fulfilled all
obligations required by Paragraph 3 of the Agreement, and except as otherwise provided
or permitted by the Agreement shall be substantially completed not later than 121-3 days
after commencement of excavation for the foundation; the Date of Substantial
Completion.
6.2. The date of Substantial Completion of the Contract Work is the date when
construction is sufficiently completed in accordance with the Plans and Specifications so
the Buyer can occupy the Contract Work. Warranties called for by the Agreement shall
commence the Date of Substantial Completion.
6.3. If the Contractor is delayed at any time in the progress of the Contract
Work by any act, failure or neglect of the Buyer or by changes ordered in the Contract
Work or by labor disputes, fire, unusual delay in transportation, adverse weather
conditions not reasonably anticipated, unavoidable casualties, by any action or inaction of
a subcontractor or any contractor retained directly by Buyer, or any other cause beyond
the Contractor's control, or a delay authorized by the Buyer, then the Date for
Substantial Completion shall be extended for the period of such delay.
6.4. Issuance of occupancy permits by the appropriate governmental agency shall
be deemed by Buyer and Contractor as conclusive proof of compliance with all codes
and ordinances then in effect in the location of the Property. Buyer's acceptance of the
said occupancy permits shall constitute a complete waiver and release of any claim based
upon alleged failure to comply with any such codes and ordinances.
7. Insurance.
7.1. Indemnity. The Contractor agrees to indemnify and hold harmless the
Buyer from all claims for bodily injury and property damage (other than the Contract
Work itself and other property insured under Paragraph 7.2) that may arise from the
Contractor's operations under this Agreement subject to the limitations of Paragraph 8
below.
7.2. Contractor's Liability Insurance. The Contractor shall purchase and
maintain such insurance as will protect it from claims under Workmen's Compensation
acts and other employee benefit acts, from claims for damages because of bodily injury,
including death, and from claims for damages to property which may arise out of or result
from performance of the Contract Work. This insurance shall be written for not less than
any limits of liability required by law and shall include contractual liability insurance as
applicable to the Contractor's obligations under this Agreement.
7.3. Buyer's Liability Insurance. The Buyer shall be responsible for purchasing
and maintaining liability insurance and, may maintain such insurance as will protect against
claims which may arise from performance of the Agreement and circumstances arising
from Paragraph 8 below.
7.4. Buyer's Property Insurance. The Buyer shall purchase and maintain
property insurance upon the entire Contract Work to the full insurable value thereof.
This insurance shall include the interests of the Buyer, the Contractor, the
Subcontractors and Sub-subcontractors in the Contract Work and shall insure against the
perils of fire, extended coverage, vandalism and malicious mischief. Any insured loss is to
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be adjusted with the Buyer and made payable to the Buyer as trustee for the insureds as
their interests may appear, subject to the requirements of any mortgagee clause. The
Buyer shall provide a copy of all policies to the Contractor prior to the commencement
of the Contract Work. The Buyer and Contractor waive all rights against each other
for damages caused by fire or other perils to the extent covered by insurance provided
under this paragraph.
8. Buyer's Access to Property During Construction.
8.1. Miscellaneous Provisions. Completion of the Contract Work within the
Contract Time is expressly conditioned upon the Contractor being provided with free
and uninterrupted access to the Property as well as the free and uninterrupted opportunity
to perform the Contract Work. The Buyer specifically covenants and agrees to not
interfere with or obstruct the Contractor's performance of the Contract Work under the
Agreement.
The Buyer shall have the right to periodic and reasonable inspections of the
Contract Work but shall direct all questions and communications concerning the
Contract Work to the Contractor's Project Manager and shall at no time communicate
with or interfere with the Contractor's employees and subcontractors while on the
premises or otherwise.
8.2. If Buyer is to personally perform or independently subcontract work on the
Contract Work, all such work shall be expressly approved by and scheduled with
Contractor's Project Manager.
8.3. In order to obtain Contractor's approval to personally perform or
subcontract work under 8.2, Buyer, Buyer's agents, subcontractors or invitees shall
obtain and furnish proof of valid liability insurance specifically naming Contractor as an
additional insured and providing for coverage indemnity and defense of Contractor in the
event Buyer, Buyer's agents, subcontractors or invitees are injured or suffer property
damage while on the Property.
9. Exclusion of Warranties.
9.1. The Buyer hereby acknowledges that Contractor has neither made nor is
making hereby any warranties other than those expressly contained in this Agreement.
THE BUYER HEREBY ACKNOWLEDGES AND AGREES THAT ANY
WARRANTIES OF HABITABILITY AND/OR FITNESS FOR INTENDED USE
WHICH MIGHT OTHERWISE BE IMPLIED BY LAW ARE AGREED TO BE
SPECIFICALLY EXCLUDED FROM THIS AGREEMENT.
THE CONTRACTOR MAKES AND THERE EXISTS NO OTHER
WARRANTIES OR REPRESENTATIONS, WRITTEN OR IMPLIED, CONCERNING
THE CONTRACT WORK OR ANY OTHER SUBJECT MATTER OF THIS
AGREEMENT.
Specifically, the Contractor disclaims any warranty or representation conceming
(a) chips and cracks of nonstructural cause appearing in concrete floors and masonry
walls, (b) shrinking and twisting of lumber caused by drying of lumbers, (c) movement of
the structure caused by natural settling after completion of construction, and (d) moisture
in the structure basement.
10. Limitation of Remedies.
With regard to any claims by the Buyer resulting from faulty or defective work as
set forth herein or with regard to failure of the Contract Work to comply with the
requirements of the contract documents, the remedies of the Buyer in such cases shall be
limited to repair or replacement of the defective or non-conforming work by the
Contractor at the Contractor's expense. In the event Contractor is not able to or is
denied access by Buyer to conduct repair or replacement, Buyers are limited to
Contractor's actual cost of repair or replacement plus reasonable Contractor's "mark-
up." Buyer expressly waives any claim for consequential damages such as loss of use,
reduction in market value or similar losses.
11. Default by Buyer.
If the Buyer shall default hereunder prior to the beginning of Contract Work,
Contractor shall retain the money paid by Buyer as liquidated damages; and this
Contract shall thereupon terminate. If the Buyer fails to make a Progress Payment to
Contractor as herein provided through no fault of the Contractor, the Contractor may,
upon seven (7) days' written notice to the Buyer, terminate the Contract and recover
from the Buyer payment for all Contract Work completed and for any proven loss
sustained upon any materials, equipment, tools, and construction equipment and
machinery, including reasonable profit and damages and reasonable attorneys' fees and
costs.
12. Transfer Tax on Improvements.
In the event the Pennsylvania Department of Revenue (herein the "Department")
imposes transfer tax on the value of improvements constructed on the Property pursuant
to the Construction Agreement, the tax so assessed shall be paid equally by Contractor
and Owner within the time required by the Department. In the event the Department
assesses any interest and penalties on the foregoing transfer tax assessment, Contractor
shall hold Owner harmless from any such interest and penalties with regard to any
assessment by the Department pursuant to 72 P. S., paragraph 8101(c). Owner agrees to
cooperate with Contractor in defense of such a tax assessment should Contractor elect
to contest the assessment.
13. General Provisions.
13.1. All rights and liabilities herein given to, or imposed upon, the respective
parties hereto shall extend to and bind several and respective heirs, executors,
administrators, successors and assigns of said parties; and if there be more than one
Buyer, they shall all be bound jointly and severally by the terms, covenants and
agreements herein, and the word "Buyer" or "Buyers" shall be deemed and taken to mean
each and every person or party mentioned as an owner herein, be the same one or more;
and if there be more than one Contractor, they shall be bound jointly and severally by the
terms, covenants and agreements herein, and the word "Contractor" or "Contractors"
shall be deemed and taken to mean each and every person or party mentioned as a
contractor herein be the same one or more.
13.2. Neither the Buyer nor the Contractor shall assign his interest in this
Agreement without the written consent of the other except as to the assignment of
proceeds.
13.3. This Agreement shall be governed by the law in effect at the location of the
Property.
13.4. The parties hereto hereby warrant that they have read and are fully familiar
with the terms and conditions of this Agreement and agree to be legally bound hereby.
The parties further acknowledge that this is a negotiated agreement and that they have
each had the opportunity to consult with legal counsel regarding the aforesaid terms and
conditions.
CONTRACTOR:
F AUBERT HOMES, INC.
By: *Authorized Signature Buyer
*Division Manager Buyer
*NOTE: Both signatures required by Contractor to validate Sales Contract.
r STOCK,dLEADER
A}TO[NRY9 AT LAW
STOCK AND EaAm LLP
D. RED) AmDEnsw
JOHN J. SHO1K0
WILLIAM C. GMLASQA JL
W. BRUCE WALLACE
MICHAEL. W. K=
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Wa11AM T. HAST
913pww S. RusSDt
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RONALD L. HEREM
JANE H. SawSSLER
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PLm.1P H. SPARE
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Direct Dial No. (717) 849-4140
Email: psparea@slockandleader.com
Mr. Brad Haubert
Haubert Homes, Inc.
15 Central Boulevard
Camp Hill, PA 17011
SusousiANNA eOAa.®RCa CaNm BAsr
221 W. PwLADELPwA STREET-Suite 600
Yosa, Pv msn.VANLA 17404 HENRY B. LEADER
PN M (717) 846-9800 1. RD4: MCGwNS
RAYMOND
L. Hoes
FAX (717) 8436134 BTROH 11 LECATEs
wwwsfockandleader rnm MARnTTA H. BARB OUR
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NATHAN C Purr
MCCL EAN STOCK
(1881-1962)
BA A. SNOSE
(1910-1988)
June 7.2005
Re: Patrick and Susan Moran
1505 Inverness Drive, Mechanicsburg, PA
Dear Mr. Haubert:
Please note this firm's representation of Patrick and Susan Moran. The shower stall in the
master bedroom recently leaked water, causing damage to the floor. The reason for the leak was
faulty construction, including improper grouting and sealing of the tiles and shower enclosure.
Enclosed are copies of the invoices from Joseph M. Greer Construction, and Carpet Mart
indicating expenses of $575.00 and $478.32, respectively. The Morans also incurred a cost of
$91.85 from the installer. The improper construction of the shower stall resulted in my clients
incurring unnecessary expenses in the amount of $1,145.17.
Please consider this letter a formal request to have Haubert Homes issue a check to my
clients in the amount of $1,145.17 to cover the costs of repair. It is my hope that your company
will issue a check to my clients in that amount within thirty (30) days of the date of this letter to
avoid further proceedings.
Also enclosed are a series of 6 photographs showing the damage to the sub floor and the
defective grouting/sealing.
EXHIBIT
Mr. Brad Haubert
June 7, 2005
Page -2-
Please do not hesitate to contact me if you should have any questions regarding this
matter.
Sincerely,
STOCK AND LEADER
W4?"
Philip H. Spare
cc: Mr. and Mrs. Patrick Moran (w/o encls.)
Enclosures
PHS/clh
U:NHSVientsWoran, Patrick and SusanVrBrad Haubert-6-7-05.doc
METTE, EVANS Ak WOODSIDE
s PROFaresloxel. ooaPOaeTlox
ATTORNEIYS AT LAW
JENNIFER A. YANKANICH, ESQ.
8101 NORTH FRONT STRffiIDT
P.O. BOX 8980
ELAIU+IBBURO, PA 17110.0980
IRS NO.
93-1988008
TffiLBRPHONII FAB
171719843000 (71719861818
http://www.matte.wm
August 5, 2005
VIA FIRST CLASS MAIL
Philip H. Spare, Esquire
Stock & Leader
221 West Philadelphia Street
Suite 600
York, PA 17404
Re: Patrick and Susan Moran
1505 Inverness Drive, Mechanicsburg, PA
Dear Mr. Spare:
E-MAIL ADDRESS
jayankanich@mctte.com
Please be advised that I represent Haubert Homes, Inc. in the above-referenced matter.
My client forwarded to me your letter of June 7, 2005 concerning a leak that occurred at the
Moran residence. It appears from the photos submitted with your correspondence of June 7,
2005, that the leak occurred around the threshold of the shower - where the marble threshold
meets the ceramic tile.
Haubert Homes has reviewed the Moran file and can find no record of being notified of
any problem or potential problem with the Morans' shower. Haubert Homes, Inc.'s records
indicate that they received a call from you looking for warranty information earlier this year;
however, there was no mention of any problem at that time. Per your request, the Maintenance
and Warranty Guide was faxed to you by Brad Haubert on February 1, 2005. Also faxed to you
on February 1, 2005 was a form bearing the signatures of Patrick and Susan Moran which
indicated the homeowners received a copy of the Maintenance and Warranty Guide at settlement
on August 26, 2003. The referenced form, as well as Haubert Homes, Inc.'s Maintenance and
Warranty Guide, clearly indicate that all warranty concerns are to be submitted to Haubert
Homes in written format in the one year period following settlement.
EXHIBIT
A
RECEIVED
August 5, 2005
Page 2
Please reference the Maintenance and Warranty Guide for the following items relevant to
this matter:
The section on ceramic tile begins on page 21. The final paragraph on that page
indicates that tile around bathtubs and countertops may appear to be pulling up
after a time. Normal shrinkage of grout and caulking will occur - and is a
homeowner maintenance issue.
2. On page 22, Haubert Homes outlines the one-time repair that it will perform
within the one year warranty period. Anything after the one year is the
responsibility of the homeowners. Unfortunately, Halbert Homes was not
contacted about any alleged problem with the tile and/or caulking at the Moran
residence in the one year period following settlement. It is the homeowners'
responsibility to inspect these areas and notify Haubert Homes of any problems or
potential problems that they observe.
3. Pages 2 and 3 of the Maintenance and Warranty Guide set forth instructions
on how to contact Haubert Homes in the event of a warranty claim. Also service
requests are expected in writing (unless emergency in nature - which is defined on
page 3). There are numerous ways for written requests to be made: e-mail, a form
on Haubert Homes, Inc.'s website, and the Warranty Forms sent out with Haubert
Homes, Inc.'s 60-Day and Year-End Reports. Despite these numerous avenues,
your client never made any report to Haubert Homes regarding any problem or
potential problem with the shower and tile as they now indicate.
Haubert Homes, Inc. strives to do its part to remedy any legitimate warranty issues
reported to it. The Morans' request for reimbursement of expenses in this matter is improper for
the following reasons:
Settlement on the Morans' residence occurred on August 26, 2003. The one-year
limited warranty expired on August 26, 2004.
2. There was no notification (written or verbal) to Haubert Homes of any issue or
potential issue regarding the shower or tile within that one year period -
presumably because it happened recently (per your letter of June 7, 2005).
Haubert Homes' first notification of any problem or potential problem with the
shower and tile as the Morans now allege came from your letter of June 7, 2005 -
well after the one-year warranty period had expired.
Homeowner maintenance requires periodic inspection and repair of areas of grout
and/or caulking - especially in a wet area. Haubert Homes has reviewed its file
regarding the construction of the Moran residence, your letter of June 7, 2005, the
invoices attached thereto and the pictures included with the correspondence and
August 5, 2005
Page 3
does not agree that the leak experienced by the Morans was due to faulty
construction, improper grouting or sealing of the tiles as you allege in your letter
of June 7, 2005. Rather it believes it occurred as a result of improper
maintenance by the Morans.
While it is unfortunate that the Morans may have suffered some damage to their master
bath as a result of improper homeowner maintenance regarding the caulking of same which
necessitated repair, those repairs are not the responsibility of Haubert Homes, Inc. The Morans
should appropriately contact their insurance company for restitution.
Your letter of June 7, 20C5 indicates that the repair contractor attributes the leak and
resulting damage to improper caulking of the tile and shower enclosure. As set forth herein, if
this occurred outside the one-year warranty period, it is not covered by Haubert Homes, Inc.'s
one-year warranty. Should you receive additional information from the contactor regarding this
matter that attributes the leak to a cause other than the lack of homeowner maintenance, please
forward same to me so that I can review it and discuss same with my client. At this time Haubert
Homes must decline the Morans' request for reimbursement.
Please direct all future correspondence regarding this matter to my attention. If you have
any questions or wish to discuss this matter, please do not hesitate to contact me.
Very truly yours,
METTE, EVAN & WOODSIDE
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SUSAN and PATRICK MORAN, IN THE COURT OF COMMON PLEAS
Plaintiffs CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
NO. 06-3580 CIVIL TERM
HAUBERT HOMES, INC.,
Defendant CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Susan and Patrick Moran
c/o Philip H. Spare, Esquire
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Attorney for Plaintiffs
You are hereby notified to plead to the within document within twenty (20) days after
service hereof, or a default judgment may be entered against you.
METTE, EVANS & WOODSIDE
By:
A. Y ich
I.D. No. 8 01
3401 North Front Street
P. 0. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Defendant,
Haubert Homes, Inc.
Date: July 19, 2006
SUSAN and PATRICK MORAN,
Plaintiffs
vs.
HAUBERT HOMES, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT HAUBERT HOMES, INC.'S ANSWER WITH NEW MATTER TO
PLAINTIFFS' COMPLAINT
AND NOW, comes Defendant, Haubert Homes, Inc. ("Haubert Homes"), by and through
its counsel, Mette, Evans & Woodside and hereby files this Answer with New Matter to
Plaintiffs' Complaint, in support of which it avers as follows:
Admitted upon information and belief.
2. Admitted.
3. Denied. The avernents set forth in paragraph 3 are conclusions of law to which no
response is required pursuant to the Pennsylvania Rules of Civil Procedure, To the extent a
response is deemed required, said averments are denied.
4. Denied. The document referenced in Paragraph 4 of Plaintiffs' Complaint is a written
instrument and as such speaks for itself. To the extent that the averments set forth in Paragraph 4
of Plaintiffs' Complaint mischaracterize, elaborate and/or misrepresent the contents of the
referenced document or are inconsistent in any way with the contents of the writing, same are
denied. It is further denied that the Agreement attached as Exhibit "A" to Plaintiffs' Complaint
is a true and correct copy of the Agreement between Plaintiffs and Defendant. To the contrary,
the document attached to Plaintiffs' Complaint fails to contain, inter alia, any drawings,
schedules, change orders, plans and specifications which are also Contract Documents as defined
in Section 1.1 of the Residential Construction Agreement signed by the parties.
5. Denied as stated. It is admitted that settlement between Defendant and Plaintiffs on the
property located at 1505 Inverness Drive, Mechanicsburg, Pennsylvania, occurred on or about
August 26, 2003. Upon information and belief, Plaintiffs began to occupy the residence
immediately thereafter. All remaining averments set forth in Paragraph 5 are denied.
6. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 6 of
Plaintiffs' Complaint and therefore denies same with strict proof thereof demanded at the time of
trial, if relevant.
7. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the set forth in paragraph 7 of Plaintiffs'
Complaint and therefore denies same with strict proof thereof demanded at the time of trial, if
relevant.
8. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 8 of
Plaintiffs' Complaint and therefore denies same with strict proof thereof demanded at the time of
trial, if relevant.
9. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 9 of
Plaintiffs' Complaint and therefore denies same with strict proof thereof demanded at the time of
trial, if relevant. By way of further response, the averments set forth in paragraph 9 are
conclusions of law to which no response is required pursuant to the Pennsylvania Rules of Civil
Procedure. To the extent a response is deemed required, said averments are denied.
10. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 10 of
Plaintiffs' Complaint and therefore denies same with strict proof thereof demanded at the time of
trial, if relevant.
11. Admitted in part and denied in part. It is admitted only that Haubert Homes received a
letter from Plaintiff s counsel, dated June 7, 2005. The document identified in Paragraph 11 of
Plaintiffs' Complaint is a written instrument and as such speaks for itself. To the extent the
averments set forth in paragraph I I of Plaintiffs' Complaint mischaracterize, elaborate and/or
misrepresent the contents of the referenced document or are inconsistent in any way with the
contents of the writing, same are denied. All remaining averments set forth in paragraph 11 are
denied.
12. Admitted in part and denied in part. It is admitted only that counsel for Haubert Homes,
Inc. sent a letter to Plaintiffs' counsel, dated August 5, 2005, in response to the letter sent by
counsel for Plaintiff, dated June 7, 2005. By way of further response, the document identified in
paragraph 12 of Plaintiffs' Complaint is a written instrument and as such speaks for itself. To
the extent the averments set forth in paragraph 12 of Plaintiffs' Complaint mischaracterize,
elaborate and/or misrepresent the contents of the referenced document or are inconsistent in any
way with the contents of the writing, same are denied. All remaining averments set forth in
paragraph 12 are denied.
13. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 13 of
Plaintiffs' Complaint and therefore denies same with strict proof thereof demanded at the time of
trial, if relevant.
14. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 14 of
Plaintiffs' Complaint and therefore denies same with strict proof thereof demanded at the time of
trial, if relevant.
15. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averment that Ken Edgar removed the
shower stall from the master bathroom in October, 2005 as set forth in paragraph 15 of Plaintiffs'
Complaint and therefore denies same with strict proof thereof demanded at the time of trial, if
relevant. By way of further response, the remaining averments of paragraph 15 are conclusions
of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure.
To the extent a response is deemed required, said averments are denied.
16. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 16 of
Plaintiffs' Complaint and therefore denies same with strict proof thereof demanded at the time of
trial, if relevant.
17. Denied. The averments set forth in paragraph 17 of Plaintiffs' Complaint are conclusions
of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure.
To the extent a response is deemed required, said averments are denied.
18. Denied. After due investigation, Haubert Homes is without knowledge or information
sufficient to form a belief as to the truth or falsity of the averment that Plaintiffs expended over
$4000 to repair a shower in the master bedroom as set forth in paragraph 18 of Plaintiffs'
Complaint and therefore denies same with strict proof thereof demanded at the time of trial, if
relevant. By way of further response, the averments of paragraph 18 are conclusions of law to
which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the
extent a response is deemed required, said averments are denied.
[Paragraphs 19-24. Paragraphs 19 through 24, to the extent they exist, were not included in
the Complaint served on Defendant. Therefore, Defendant denies all averments set forth in
paragraphs 19 through 24 of Plaintiffs' Complaint if such paragraphs exist.]
COUNT II - BREACH OF CONTRACT/WARRANTY
25. Haubert Homes' responses to paragraphs 1 through 24 are hereby incorporated by
reference as if set forth in full.
26. Denied. The document referenced in paragraph 26 of Plaintiffs' Complaint is a written
instrument and as such speaks for itself. To the extent that the averments set forth in paragraph
26 of Plaintiffs' Complaint mischaracterize, elaborate and/or misrepresent the contents of the
referenced document or are inconsistent in any way with the contents of the writing, same are
denied.
27. Denied. The document referenced in paragraph 27 of Plaintiffs' Complaint is a written
instrument and as such speaks for itself. To the extent that the averments set forth in paragraph
27 of Plaintiffs' Complaint mischaracterize, elaborate and/or misrepresent the contents of the
referenced document or are inconsistent in any way with the contents of the writing, same are
denied.
28. Denied. The averments set forth in paragraph 28 are conclusions of law to which no
response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent a
response is deemed required, said averments are denied.
29. Denied. The averments set forth in paragraph 29 are conclusions of law to which no
response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent a
response is deemed required, said averments are denied.
30. Denied. The averments of paragraph 30 are conclusions of law to which no response is
required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent a response is
deemed required, said averments are denied.
WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss
Plaintiffs' Complaint and enter judgment in favor of Defendant, together with such other and
further relief as this Court deems just and appropriate.
COUNT III: VIOLATION OF PENNSYLVANIA'S UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW. 73 Pa.C.S.A. 46201-1 et sea.
31. Haubert Homes' responses to paragraphs 1 through 30 are hereby incorporated by
reference as if set forth in full.
32. Denied. The averments set forth in paragraph 32 are conclusions of law to which no
response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent a
response is deemed required, said averments are denied.
33. Denied. The averments set forth in paragraph 33 are conclusions of law to which no
response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent a
response is deemed required, said averments are denied.
34. Denied. The averments set forth in paragraph 34 are conclusions of law to which no
response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent a
response is deemed required, said averments are denied.
WHEREFORE, Defendant Haubert Homes, Inc. respectfully requests that this Honorable
Court dismiss Plaintiffs' Complaint and enter judgment in favor of Defendant, together with such
other and further relief as this Court deems just and appropriate.
NEW MATTER
35. The facts set forth in the foregoing Answers to Plaintiff's Complaint are incorporated
herein by reference as though fully set forth at length.
36. The foregoing responses to the Complaint are incorporated by reference and realleged as
affirmative defenses.
37. Plaintiffs' Complaint fails to state claims against the Defendant upon which relief can be
granted.
38. Defendant and Plaintiffs effectuated settlement on the residence at issue on August 26,
2003, and, upon information and belief, Plaintiffs took possession, within the terms of the
Residential Construction Agreement ("Agreement"), on the same day.
39. The warranty provisions of the Agreement provide for a limited one year warranty which
commences on the date of substantial completion of the Contract Work as defined at Section 6.2
of the Agreement. Section 6.2 states:
"6.2 The date of Substantial Completion of the Contract Work is the date
when construction is sufficiently completed in accordance with the Plans
and Specifications so the Buyer can occupy the Contract Work.
Warranties called for by the Agreement shall commence the Date of
Substantial Completion."
40. In accordance with Section 6.2 of the Agreement the one year limited warranty
commenced on August 26, 2003.
41. The one year limited warranty expired on August 26, 2004.
42. As set forth in the Agreement, closing documents and the Homeowner Manual - A
Maintenance and Warranty Guide for the New Homeowner, which was received by Plaintiffs at
closing, the reporting of warranty items within the one year limited warranty period was required
in writing except in cases of emergency. A true and correct copy of the referenced Homeowner
Manual - A Maintenance and Warranty Guide for the New Homeowner is attached hereto and
incorporated herein by reference as Exhibit A.
43. Haubert Homes has reviewed its file regarding the residence at issue and can find no
record of being notified of any problem or potential problem with the Morans' shower or any
item set forth in Plaintiffs' Complaint within the one year limited warranty period.
44. Haubert Homes, Inc.'s records indicate that it received a call from counsel for the Morans
looking for warranty information in early 2005; however, there was no mention of any of the
issues alleged in Plaintiffs' Complaint at that time.
45. Per counsel's request, the Homeowner Manual - A Maintenance and Warranty Guide was
faxed to counsel by Brad Haubert on February 1, 2005. Also faxed to counsel on February 1,
2005 was a form bearing the signatures of Patrick and Susan Moran which indicated the
homeowners received a copy of the Homeowner Manual - A Maintenance and Warranty Guide
for the New Homeowner at settlement on August 26, 2003.
46. The referenced form, as well as Haubert Homes, Inc.'s Homeowner Manual - A
Maintenance and Warranty Guide, clearly indicates that all warranty concerns are to be
submitted to Haubert Homes in written format in the one year period following settlement.
47. Plaintiffs admit in their Complaint at Paragraph 6 that the initial indications of any
alleged problems occurred after the one-year warranty period expired. See Plaintiff s Complaint
at ¶6.
48. Plaintiffs further admit at paragraph 11 of their Complaint that Haubert Homes, Inc. did
not receive notice of any alleged defects or problem until June 7, 2005- more than nine months
after the warranty period had ended. See Plaintiff's Complaint at 111.
49. It was the Plaintiffs' responsibility to inspect the grouting and caulking around the
shower in the master bathroom and notify Haubert Homes of any problems or potential problems
that they observed during the one year limited warranty period. As no such notification was
received, Plaintiffs' claims are barred by the contract documents and Plaintiffs' actions and/or
failures to act.
50. The Homeowner Manual - A Maintenance and Warranty Guide at pages 21 through 22
sets forth proper homeowner maintenance of ceramic tile. This section, in pertinent part, states:
"Tile around bathtubs or countertops may appear to be pulling up after a time. This is caused by
normal shrinkage of grout or caulk and shrinkage of wood members as they dry out. If this
occurs, the best remedy is to purchase tub caulk or premixed grout from a hardware store.
Follow the directions on the container. This maintenance is important to protect the underlying
surface from water damage."
51. On page 22 of The Homeowner Manual - A Maintenance and Warranty Guide Haubert
Homes states that it "will repair grouting, if necessary, one time during the first year... Any
grouting or caulking that is needed after that time is your responsibility."
52. Homeowner maintenance requires periodic inspection and repair of areas of grout and/or
caulking - especially in a wet area.
53. The leak experienced by the Plaintiffs was not due to faulty construction, or improper
grouting or sealing of the tiles by Defendant, but rather was the result of improper maintenance
by the Plaintiffs.
54. As the leak occurred after the one year limited warranty period expired, Haubert Homes
is not responsible for the damages alleged by Plaintiffs.
55. Plaintiffs' claims are barred in whole or in part by the doctrines of comparative
negligence and/or contributory negligence. Defendant believes and therefore avers that evidence
accumulated through discovery and provided at trial may establish that the decedent was
contributorily or comparatively negligent, and in order to protect the record, Defendant hereby
pleads contributory and comparative negligence as an affirmative defense.
56. Defendant acted appropriately, lawfully and in good faith at all times.
57. Defendant did not breach any duties owed to the Plaintiffs.
58. Plaintiffs' claims are barred by the doctrine of waiver and/or estoppel, since Plaintiffs
have waived and/or are estopped from asserting any rights under the Agreement, or otherwise, by
reason of Plaintiffs' breach of their duties pursuant to same.
59. Plaintiffs' claims are barred by the doctrine of unclean hands.
60. Plaintiffs' claims are barred by the doctrine of ]aches.
61. If the Plaintiffs sustained the damages alleged in the Complaint, which potential finding
is hereby expressly denied, then such claims are prohibited and/or barred and/or reduced
pursuant to and by virtue of the doctrine of contributory or comparative negligence, as the case
may be, and/or the doctrine of assumption of the risk, such as may be determined during
discovery and trial of this action.
62. If Plaintiffs have suffered any damages, which potential finding is hereby expressly
denied, then it is believed that there was an intervening cause or causes leading to said damages
and, as such, any action on the part of the Defendant was not the proximate and/or competent
producing cause of Plaintiffs' damages.
63. Plaintiffs' claims may be barred in whole or in part by any and all applicable Statutes of
Limitation.
64. Plaintiffs' claims are barred and/or limited by Plaintiffs' failure to mitigate their alleged
damages.
65. Plaintiffs' claims are barred and/or limited by the operation of the doctrine of payment
and acceptance of Defendant's work.
66. Plaintiffs' claims are barred and/or limited by the terms of the applicable contracts
between the parties.
67. Plaintiffs' claims are barred and/or limited as Defendant neither gave nor breached any
express or implied warranties.
68. If it is established at the time of trial that plaintiffs are entitled to recover any damages as
alleged in their Complaint, which damages are strictly denied, then said damages were not
legally caused by any acts, actions or omissions on the part of Defendant, but were caused by the
acts, actions or omissions of entities or individuals over which the Defendant had no control or
right to control or legal duty to control.
69. Any acts or omissions of Defendant which potential finding is hereby expressly denied,
were not a proximate cause of any losses or damages allegedly sustained by Plaintiffs.
70. Plaintiffs have failed to allege any claims and/or supporting facts which would entitle
them to an award of treble damages, compensatory damages, attorneys' fees or costs.
71. Plaintiffs' causes of action may be barred in whole or in part by the Doctrine of Accord
and Satisfaction.
72. Plaintiffs' claims for recoverable damages are contrary to the law of the Commonwealth
of Pennsylvania.
73. The Defendant demands a trial by jury on all issues so triable.
WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss
Plaintiffs' Complaint and enter judgment in favor of Defendant, together with such other and
further relief as this Court deems just and appropriate.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
Attorneys for Defendant,
Haubert Homes, Inc.
Date: July 19, 2006
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
E' L, bft A
for the New Homeowner
Presented by
HAUBiRl
Inc.
HOAES
}-.-Building for Generations
A Maintenance and Warranty Guide
LIAI rotor
-
NOAIS -
Inc.
Cusfom Buildina for Generations
Dear Homeowner,
It has been our pleasure to have played a role in the establishment of your new home. Utilizing today's
materials and technology, with its special blend of efficient design, quality craftsmanship, and the elegance of
your personal taste, we have made your home unique and special from any other home ever built. Our com-
mitment to personal service continues, and we will strive to be of assistance to you when requested.
Your home is engineered and designed as a whole-house system, with each product selected and
installed to support that system. It is our desire that you be informed about your home as much as possible -
enhancing comfort and enjoyment for many years.
Please take the time to read this warranty and maintenance guide. It reviews the basics of home care
and how to solve or report warranty concerns. Also, please review all of the individual product literature
included in the back cover of this book. Although you may never need to use them, complete and return all
Warranty Registration cards to validate their use with the manufacturer.
We wish you many happy years in your new home. Please refer to the information below to contact
us during your One Year Limited Warranty.
With Sincere Thanks,
All of us at Haubert Homes, Inc.
YOUR LOCAL OFFICE:
TELEPHONE:
FAX:
WARRANTY CONTACT:
Haubert Homes Homeowner Manual
Caring for Your Home
Haubert Homes has constructed your home with quality materials and the labor of
experienced craftsmen. Before our using any material, it must meet our specifications for quality
and durability. All work is done under our supervision to attain the best possible results for your
investment.
A home is one of the last hand-built products left in the world. Once we have assembled
the natural and manufactured materials, the components interact with each other and the
environment. Although quality materials and workmanship have been used in your home, this
does not mean that it will require no care or maintenance. A home, like an automobile, requires
care and attention from day one. General homeowner maintenance is essential to providing a
quality home for a lifetime.
Homeowner Use and Maintenance Guidelines
We are proud of the homes we build and the neighborhoods in which we build. We strive
to create long-lasting value. This cannot be achieved unless you, as the homeowner, properly
maintain your home and all of its components. Periodic maintenance is necessary because of
normal wear and tear, the inherent characteristics of the materials used in your home, and normal
service required by the mechanical systems. Natural fluctuations in temperature and humidity
also affect your home.
Many times a minor adjustment or repair done immediately saves a more serious, time-
consuming, and sometimes costly repair later. Note also that neglect of routine maintenance can
void applicable limited warranty coverage on all or part of your home. By caring for your new
home attentively, you ensure your enjoyment of it for years. The attention provided by each
homeowner contributes significantly to the overall desirability of the community.
We recognize that it is impossible to anticipate and describe every attention needed for
good home care, but we have covered many important details. The subjects covered include
components of homes we build, listed in alphabetical order. Each topic includes suggestions for
use and maintenance followed by Haubert Homes' limited warranty guidelines. This manual may
discuss some components that are not present in your home.
Please take time to read the literature provided by the manufacturers of consumer
products and other items in your home. The information contained in that material is not repeated
here. Although much of the information may be familiar to you, some points may differ
significantly from homes you have had in the past.
Haubert Homes Homeowner Manual
We make every effort to keep our information current and accurate. However, if any
detail in our discussion conflicts with the manufacturer's recommendations, you should follow
the manufacturer's recommendations. Activate specific manufacturer's warranties by completing
and mailing any registration cards included with their materials. In some cases, manufacturer's
warranties may extend beyond the first year and it is in your best interests to be apprised of such
coverages.
Haubert Homes Limited Warranty Guidelines
Throughout this manual, where the heading "Haubert Homes Limited Warranty
Guidelines" appears, it is understood to identify items that are covered and action to be taken by
Haubert Homes during the One Year Warranty. Any such activities that are required after the
first year become homeowner maintenance matters for which Haubert Homes can be consulted
and is not responsible.
. While we strive to build a defect-free home, we are realistic enough to know that we may
make mistakes or that something in the home may not perform as intended. When either occurs,
we will make necessary corrections. In support of this commitment, Haubert Homes provides
you with a limited one-year warranty. In addition to the information contained in the limited
warranty itself, this manual includes details about one-year material and workmanship standards.
The purpose is to let you know what our quality standard is for the typical concerns that can
come up in a new home. The manual describes our standards for each item and what we will do
to remedy items that do not meet our standards.
Our criteria for qualifying warranty repairs are based on typical industry practices in our
region and meet or exceed those practices for the components of your home. However, we
reserve the right to exceed these guidelines if common sense or individual circumstances dictate,
without being obligated to exceed all guidelines to a similar degree or for all homeowners.
You will receive the signed limited warranty document at your closing. Please read
through this information, as well as the service procedures discussed on the following pages. If
you have any questions regarding the standards or procedures, contact our office.
Our warranty service system is designed to accept written reports of
nonemergency items on the forms provided to you. This provides you with
the maximum protection and allows us to operate efficiently, thereby
providing faster service to all homeowners. Emergency reports are the
only reports accepted by phone.
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Reporting Procedures
All service requests should be put in writing. You may also contact us through the
Customer Service section of our website at http://www.hauberthomes.com
Sixty-Day Report
In order for our service program to operate at maximum efficiency and for your own
convenience, we suggest that you wait 60 days before submitting any warranty list. This allows
you sufficient time to become settled in your new home and to thoroughly examine all
components.
Year-End Report
Near the end of the eleventh month of your materials and workmanship warranty, you
should submit a year-end report. We will also be happy to discuss any maintenance questions
you may have at that time.
Emergency Service
As defined by the limited warranty, "emergency" includes situations such as:
r Total loss of heat when the outside temperature is below 45 degrees F.
Total loss of electricity. (Check with the utility company before reporting this
circumstance to Haubert Homes or electrician.)
Total loss of water. (Check with the water department to be certain the problem is not a
general outage in the area.)
r Plumbing leak that requires the entire water supply to be shut off.
r Gas leak. (Contact your utility company or plumber if the leak is at the furnace or water
heater supply lines.)
For Emergency Reporting
During business hours, call your local Haubert Homes office.
After hours, or on weekends or holidays, call the necessary trade contractor directly.
Their phone numbers are listed on the back cover of this book.
Haubert Homes Homeowner Manual
Other Warranty Service
If you wish to initiate nonemergency warranty service between the 60-day and year-end
report, you are welcome to do so by sending in a service request form or writing a letter. We will
handle these requests according to the same procedures that apply to the 60-day and year-end
reports.
,Kitchen Appliance Warranties
The manufacturers of kitchen appliances will work directly with you if any repairs are
needed for these products. Customer service phone numbers are listed in the use and care
materials for each appliance. Be prepared to provide the model and serial number of the item and
the closing date on your home. Appliance warranties are generally for one year; refer to the
literature provided by the manufacturer for complete information.
Service Processing Procedures
You can help us to serve you better by providing complete information, including:
? Name, address, and phone numbers where you can be reached during business hours.
? A complete description of the problem, for example, "guest bath-cold water line leaks
under sink," rather than "plumbing problem."
When we receive a warranty service request, we may contact you for an inspection appointment.
Warranty inspection appointments are available during regular business hours. We inspect the
items listed in your written request to confirm warranty coverage and determine appropriate
action. Generally reported items fall into one of three categories:
? Trade contractor item
? In-house item
? Home maintenance item
If a trade contractor or an in-house employee is required to complete repairs, we issue a
warranty work order and the repair technician contacts you to schedule the work. Warranty work
appointments are available during regular business hours. We intend to complete warranty work
orders within 15 work days of the inspection unless you are unavailable for access. If a back-
ordered part or similar circumstance causes a delay, we will let you know. If the item is home
maintenance, we will review the maintenance steps with you and offer whatever informational
assistance we can. Haubert Homes does not provide routine home maintenance.
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Reporting Warranty Items
The many details of warranty coverage can be confusing. We hope this chart will make
reporting items easier. If you do not know whom to contact, call our office and we will guide
you.
Appliances Contact the manufacturer directly with model and serial number, closing
date, and description of problem.
Emergency During regular business hours, call your local Haubert Homes office.
After business hours or on weekends or holidays, contact the trade or
appropriate utility company directly using the emergency numbers you
receive at your orientation.
Nonemergency Mail or fax your written list of items to our office. You can find service
request forms at the end of this manual or you can request more by calling
your local Haubert Homes office:
Storm damage Contact your homeowner's insurance agent immediately. Contain damage
or other natural as much as possible without endangering yourself. In extreme situations,
disaster photograph the damage.
Questions? Call the local Haubert Homes office during normal business hours.
Haubert Homes Homeowner Manual
Air Conditioning
Homeowner Use and Maintenance Guidelines
Air conditioning can greatly enhance the comfort of your home, but if it is used improperly or
inefficiently, wasted energy and frustration will result. These hints and suggestions are provided
to help you maximize your air conditioning system.
Your air conditioning system is a whole-house system. The air conditioner unit is the mechanism
that produces cooler air. The air conditioning system involves everything inside your home
including, for example, drapes, blinds, and windows.
Your home air conditioning is a closed system, which means that the interior air is continually
recycled and cooled until the desired air temperature is reached. Warm outside air disrupts the
system and makes cooling impossible. Therefore, you should keep all windows closed. The heat
from the sun shining through windows with open drapes is intense enough to overcome the
cooling effect of the air conditioning unit. For best results, close the drapes on these windows.
Time is very important in your expectations of an air conditioning system. Unlike a light bulb,
which reacts instantly when you turn on a switch, the air conditioning unit only begins a process
when you set the thermostat.
For example, if you come home at 6 p.m. when the temperature has reached 90 degrees F and set
your thermostat to 75 degrees, the air conditioning unit will begin cooling, but will take much
longer to reach the desired temperature. During the whole day, the sun has been heating not only
the air in the house, but the walls, the carpet, and the furniture. At 6 p.m. the air conditioning unit
starts cooling the air, but the walls, carpet, and furniture release heat and nullify this cooling. By
the time the air conditioning unit has cooled the walls, carpet, and furniture, you may well have
lost patience.
If evening cooling is your primary goal, set the thermostat at a moderate temperature in the
morning while the house is cooler, allowing the system to maintain the cooler temperature. The
temperature setting may then be lowered slightly when you arrive home, with better results.
Once the system is operating, setting the thermostat at 60 degrees will not cool the home any
faster and can result in the unit freezing up and not performing at all. Extended use under these
conditions can damage the unit.
Haubert Homes Homeowner Manual
Adjust Vents
Maximize air flow to occupied parts of your home by adjusting the vents. Likewise, when the
seasons change, readjust them for comfortable heating.
Compressor Level
Maintain the air conditioning compressor in a level position to prevent inefficient operation and
damage to the equipment.
See also Grading and Drainage.
Humidifier
If a humidifier is installed on the furnace system, turn it off when you use the air conditioning;
otherwise, the additional moisture can cause a freeze-up of the cooling system.
Manufacturer's Instructions
Since the air conditioning system is combined with the heating system, follow the maintenance
instructions for your furnace. The manufacturer's manual specifies maintenance for the
condenser. Review and follow these points carefully.
Temperature Variations
Temperatures may vary from room to room by several degrees F. This is due to such variables as
floor plan, orientation of the home on the lot, type and use of window coverings, and traffic
through the home.
Haubert Homes Limited Warranty Guidelines
The air conditioning system should maintain a temperature of 78 degrees F or a differential of
15 degrees from the outside temperature, measured in the center of each room at a height of five
feet above the floor. Lower temperature settings are often possible, but neither the manufacturer
nor Haubert Homes guarantee this.
Compressor
The air conditioning compressor must be in a level position to operate correctly. If it settles
during the warranty period, Haubert Homes will correct this.
Haubert Homes Homeowner Manual
Coolant
If your home was completed during the winter months, the system was not able to be properly
tested due to cold outdoor temperatures. The coolant charge, however, is weighed into the
system and you should not experience any problems. If, upon starting the air conditioning
system for the first time, you feel the unit is not performing properly please contact us. We will
see that a service technician is sent to your home to conduct a performance check.
Nonemergency
Lack of air conditioning service is not an emergency. Heating and air conditioning contractors in
our region respond to air conditioning service requests in the order received.
Alarm System
Homeowner Use and Maintenance Guidelines
If your home selections included prewire for an alarm system, you will arrange for the final
connection after your move-in. The alarm company will demonstrate the system and instruct you
in its use. We recommend that you test the system each month.
Haubert Homes Limited Warranty Guidelines
Haubert Homes will correct wiring that does not perform as intended for the alarm system.
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Appliances
Homeowner Use and Maintenance Guidelines
Read and follow all manufacturers' instructions for the use and maintenance of each appliance in
your home and keep them available for reference.
Manufacturer's Service
If a problem arises with an appliance, call the customer service number listed in the
manufacturer's warranty. When reporting warranty items to the appliance manufacturer, be
prepared to supply the following details:
r Date of purchase (your closing date)
r Serial and model numbers, found on a metal plate or sticker on the side or bottom of
each appliance
Description of the problem
Registration
Mail warranty registration cards directly to the manufacturer.
Haubert Homes Limited Warranty Guidelines
We confirm that all appliance surfaces are in acceptable condition during your orientation. We
assign all appliance warranties to you, effective on the date of closing. The appliance
manufacturers warrant their products directly to you according to the terms and conditions of
these written warranties.
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Appliance Serial Numbers
For warranty service on an appliance, contact the appropriate manufacturer directly at the service
number provided in the appliance literature. You will need to supply the model and serial
number (usually located on a small metal plate or seal attached to the appliance in an
inconspicuous location), and the date of purchase (your closing date).
Closing Date:
Appliance Manufacturer Mode/ # Serial # Service Phone #
Range
Range Hood
Cooktop
Oven
Microwave
Dishwasher
Disposal
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Asphalt
Homeowner Care and Maintenance
Asphalt is a flexible and specialized surface. Like any other surface in your home, it requires
protection from things that can damage it. Over time, the effects of weather and earth movement
will cause minor settling and cracking of asphalt. These are normal reactions to the elements and
do not constitute improperly installed asphalt or defective material. Avoid using your driveway
for one week after it is installed, by keeping people, bicycles, lawn mowers, and any other traffic
off of it.
Chemical Spills
Asphalt is a petroleum product. Gasoline, oil, turpentine, and other solvent or petroleum products
can dissolve or damage the surface. Wash such spills with soap and water, and then rinse them
thoroughly with plain water.
Hot Weather
Avoid any concentrated or prolonged loads on your asphalt, particularly in hot weather. High-
heeled shoes, motorcycle or bicycle kickstands, trailers, or even cars left in the same spot for
long periods cancreate depressions or punctures in asphalt.
Nonresidential Traffic
Avoid nonresidential traffic such as heavy trucks on your driveway; it was designed for
residential use only.
Sealcoating
Exposure to sunlight and other weather conditions will fade your driveway, allowing the surface
gravel material to be more visible. This is a normal condition and not a material or structural
problem. You do not need to treat the surface of your asphalt driveway. However, if you choose
to treat it, wait a minimum of 12 months and use a dilute asphalt emulsion, rather than the more
common coal tar sealant.
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Haubert Homes Limited Warranty
We perform any asphalt repairs by overlay patching. Haubert Homes is not responsible for the
inevitable differences in color between the patch and the original surface. Sealcoating can
eliminate this cosmetic condition and is your responsibility.
Alligator Cracking
If cracking that resembles the skin of an alligator develops under normal residential use, Haubert
Homes will repair it. If improper use, such as heavy truck traffic, has caused the condition,
repairs will be your responsibility.
Settling
Settling next to your garage floor of up to 1/4" of an inch across the width of the driveway is
normal. Settling or depressions elsewhere in the driveway of up to one inch in any eight-foot
radius are considered normal. We will repair settling that exceeds these standards.
Thermal Cracking
Your driveway will exhibit thermal cracking, usually during the first 12 months. These cracks
help your driveway adapt to heating and freezing cycles. Cracks should be evaluated in the
hottest months-July or August. We will repair cracks that exceed 1/2 inch in width.
Attic Access
Homeowner Use and Maintenance Guidelines
The attic space is neither designed nor intended for storage - unless provided for in your
contract. We provide access to this area for maintenance of mechanical equipment that may
traverse the attic space.
When you perform needed tasks in the attic, use caution and avoid stepping off wood members
onto the drywall. This can result in personal injury to you or damage to the ceiling below.
Your limited warranty does not cover such injury or damage.
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Haubert Homes Limited Warranty Guidelines
Haubert Homes and the local building department inspect the attic before your closing to confirm
insulation is correct.
Brass Fixtures
Homeowner Use and Maintenance Guidelines
The manufacturer treats brass fixtures with a clear protective coating, electrostatically applied, to
provide beauty and durability. This coating is not impervious to wear and tear. Atmospheric
conditions, sunlight, caustic agents such as paints, and scratches from sharp objects can cause the
protective coating to crack or peel, exposing the brass and resulting in spotting and discoloration.
Cleaning
Initial care of these products requires only periodic cleaning with a mild, nonabrasive soap and
buffing with a soft cloth.
Corrosion
Unless you have ordered solid brass fixtures, the brass on your fixtures is a coating on top of a
base metal. Water having a high mineral content is corrosive to any brass-coated or solid.
Polish
When peeling, spotting, or discoloration occurs, you can sometimes restore the beauty of the
metal by completely removing the remaining coating and hand-polishing the item with a suitable
brass polish. Applying a light coat of wax and buffing with a soft cloth helps maintain the gloss.
Tarnish
Like sterling silver, brass will gradually tarnish and eventually take on an antique appearance.
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Haubert Homes Limited Warranty Guidelines
During the orientation we will confirm that brass fixtures are in acceptable condition. Haubert
Homes does not warrant against corrosion damage to the external surfaces or internal workings
of plumbing fixtures. This limitation includes solid brass or brass-coated fixtures.
Brick
Homeowner Use and Maintenance Guidelines
Brick is one of the most durable and lowest maintenance finishes for a home's exterior. A record
-of your brick color is included in your selection sheets.
Efflorescence
The white, powdery substance that sometimes accumulates on brick surfaces is called
efflorescence. This is a natural phenomenon and cannot be prevented. In most cases, this will go
away with time. In some cases, you can remove it by scrubbing with a stiff brush and vinegar.
Consult your home center or hardware store for commercial products to remove efflorescence.
Tuck Pointing
After several years, face brick may require tuck-pointing (repairing the mortar between the
bricks). Otherwise, no regular maintenance is required.
Weep Holes
You may notice small holes in the mortar along the lower row of bricks. These holes allow
moisture that has accumulated behind the brick to escape. Do not fill these weep holes or permit
landscaping materials to cover them.
Haubert Homes Limited Warranty Guidelines
We check the brick work during the orientation to confirm correct installation of designated
materials.
Cracks
One time during the warranty period, we repair masonry cracks that exceed 3/16 inch
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Cabinets
Homeowner Use and Maintenance Guidelines
Your selection sheets are your record of the brand, style, and color of cabinets in your home. If
you selected wood or wood veneer cabinets, expect differences in grain and color between and
within the cabinet components due to natural variations in wood and the way it takes stain.
Cleaning
Products such as lemon oil or polishes that include scratch cover are suggested for wood cabinet
care. Follow container directions. Use such products a maximum of once every 3 to 6 months to
avoid excessive build-up. Avoid paraffin-based spray waxes and washing cabinets with water, as
both will damage the luster of the finish.
Hinges
If hinges catch or drawer glides become sluggish, a small amount of silicone lubricant will
improve their performance.
Moisture
Damage to cabinet surfaces and warping can result from operating appliances that generate large
amounts of moisture (such as a crock-pot) too near the cabinet. When operating such appliances,
place them in a location that is not dire.,tly under a cabinet.
Haubert Homes Limited Warranty Guidelines
During the orientation we will confirm that all cabinet parts are installed and that their surfaces
are in acceptable condition.
Alignment
Doors, drawer fronts, and handles should be level and even.
Operation
Cabinets should operate properly under normal use.
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Separations
We will correct gaps between cabinets and the ceiling or cabinets and the walls by caulking or
other means if the gap exceeds 1/8 inch (locations behind appliances are excepted from this
repair).
Warping
If doors or drawer fronts warp in excess of 1 /4 inch within 24 inches, we will correct this by
adjustment or replacement.
Wood Grain
Readily noticeable variations in wood grain and color are normal in all wood or wood veneer
selections. Replacements are not made due to such variations.
Carpet
Homeowner Use and Maintenance Guidelines
Your selection sheets provide a record of the brand, style, and color of floor coverings in your
home. Please retain this information for future reference. Refer to the various manufacturers'
recommendations for additional information on the care and maintenance of your floor
coverings.
Cleaning
You can add years to the life of your carpet with regular care and maintenance. Carpet wears out
because of foot traffic and dirt particles that get trampled deep into the pile beyond the suction of
the vacuum.
The dirt particles wear down the fibers like sandpaper and dull the carpet. The most important
thing you can do to protect your carpet is to vacuum it frequently.
Vacuum twice each week lightly and once a week thoroughly. Heavy traffic areas may require
more frequent cleaning. A light vacuuming is three passes; a thorough job may need seven
passes. A vacuum cleaner with a beater-bar agitates the pile and is more effective in bringing dirt
to the surface for easy removal.
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Vacuuming high-traffic areas daily helps keep them clean and maintains the upright position of
the nap. Wipe spills and clean stains immediately. For best results, blot or dab any spill or stain;
avoid rubbing. Test stain removers on an out-of-the-way area of the carpet, such as in a closet, to
check for any undesirable effects. Have your carpet professionally cleaned regularly, usually
once a year.
Some problem conditions that may occur with your new carpet and our suggested remedies are
presented below.
Burns
Take care of any kind of burn immediately. First snip off the darkened fibers. Then use a
soapless cleaner and sponge with water. If the burn is extensive, talk with a professional about
replacing the damaged area.
Crushing
Furniture and traffic may crush a carpet's pile fibers. Frequent vacuuming in high-traffic areas
and glides or cups under heavy pieces of furniture can help prevent this. Rotating your furniture
to change the traffic pattern in a room promotes more even wear. Some carpets resist matting and
crushing because of their level of fiber, but this does not imply or guarantee that no matting or
crushing will occur. Heavy traffic areas such as halls and stairways are more susceptible to wear
and crushing. This is considered normal wear and is not covered under a matting and crushing or
texture retention warranty.
Fading
Science has yet to develop a color that will not fade with time. All carpets will slowly lose some
color due to natural and artificial forces in the environment. You can delay this process by
frequently removing soil with vacuuming, regularly changing air filters in heating and air
conditioning systems, keeping humidity and room temperature from getting too high, and
reducing sunlight exposure with window coverings.
Filtration
If interior doors are kept closed while tie air conditioning is operating, air circulation from the
closed room flows through the small space at the bottom of the door. This forces the air over the
carpet fibers, which in turn act as a filter, catching particulate pollution. Over time, a noticeable
stain develops at the threshold.
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Fuzzing
In loop carpets, fibers may break. Simply clip the excess fibers.
Pilling
Pilling or small balls of fiber can appear on your carpet, depending on the type of carpet fiber
and the type of traffic. If this occurs, clip off the pills.
Rippling
With wall-to-wall carpeting, high humidity may cause rippling.
Seams
Carpet usually comes in 12-foot widths, making seams necessary in most rooms. Visible seams
are not a defect unless they have been improperly made or unless the material has a defect,
making the seam appear more pronounced than normal. The more dense and uniform the carpet
texture, the more visible the seams will be. Carpet styles with low, tight naps result in the most
visible seams. Seams are never more visible than when the carpet is first installed. Usually with
time, use, and vacuuming the seams become less visible. You can see examples of how carpet
seams diminish after they have been vacuumed and have experienced traffic in the model homes.
Shading
Shading is an inherent quality of fine-cut pile carpets. Household traffic causes pile fibers to
assume different angles (and, therefore, reflect light differently); as a result, the carpet appears
darker and lighter in these areas. A good vacuuming, which makes the pile all go in the same
direction, provides a temporary remedy.
Shedding
New carpeting, especially staple-cut pile, sheds bits of fiber for a period of time. This is normal.
Eventually these loose fibers are removed by vacuuming. Shedding usually occurs more with
wool carpeting than with nylon or other synthetics.
Snags
Sharp-edged objects can grab or snag the carpet fiber. When this occurs, cut off the snag. If the
snag is especially large, call a professional.
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Sprouting
Occasionally you may find small tufts of fiber sprouting above carpet surface. Simply use
scissors to cut off the sprout. Do not attempt to pull it, because other fibers will come out in the
process.
Stains
No carpet is stainproof. Although your carpet manufacturer designates your carpet as stain-
resistant, some substances may still cause permanent staining. These include hair dyes, shoe
polish, paints, India ink and more. Some substances destroy or change the color of carpets,
including bleaches, acne medications, drain cleaners, plant food, insecticides, and food or
beverages with strongly colored natural dyes as found in some brands of mustard and herbal tea.
Refer to your care and maintenance brochures for recommended cleaning procedures for your
particular fiber. Pretest any spot-removal solution in an inconspicuous area before using it in a
large area. Apply several drops of the solution, hold a white tissue on the area, and count to ten.
Examine both tissue and carpet for dye transfer and check for carpet damage. For more help,
you may also call the toll-free number provided with the warranty information for the fiber
manufacturer.
Static
Cooler temperatures outside often contribute to static electricity inside. To avoid the problem,
look for carpets with anti-static treatment. You can also install a humidifier to help control static
build-up.
Haubert Homes Limited Warranty Guidelines
During your orientation, we will confirm that your carpet is in acceptable condition. We will
correct stains or spots noted at this time by cleaning, patching, or replacement. Haubert Homes
will not be responsible for dye lot variations if replacements are made.
Edges
Edges of carpet along moldings and edges of stairs should be held firmly in place. In some areas,
metal or other edging material may be used where carpet meets another floor covering.
Seams
Carpet seams will be visible. Haubert Homes will repair any gaps or fraying.
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Caulking
Homeowner Use and Maintenance Guidelines
Time and weather will shrink and dry caulking so that it no longer provides a good seal. As
routine maintenance, check the caulking and make needed repairs. Caulking compounds and
dispenser guns are available at hardware stores. Read the manufacturer's instructions carefully to
be certain that you select an appropriate caulk for the intended purpose.
Colored Caulk
Colored caulking is available where larger selections are provided. As with any colored material,
dye lots can vary.
Latex Caulk
Latex caulking is appropriate for an area that requires painting, such as along the stair stringer or
where wood trim meets the wall.
Silicone Caulk
Caulking that contains silicone will not accept paint; it works best where water is present, for
example, where tub meets tile or a sink meets a countertop.
Haubert Homes Limited Warranty Guidelines
During the orientation we confirm that appropriate areas are adequately caulked.
One-Time Repair
We will touch up caulking one time during your materials and workmanship period. We suggest
that this be performed with your 11-month service.
See also Countertops, Expansion and Contraction, Stairs, and Wood Trim.
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Ceramic Tile
Homeowner Use and Maintenance Guidelines
Your selection sheets include the brand and color of your ceramic tile.
Cleaning
Ceramic tile is one of the easiest floor coverings to maintain. Simply vacuum when needed.
Occasionally, a wet mopping with warm water may be appropriate. Avoid adding detergent to
the water. If you feel a cleaning agent is required, use a mild solution of warm water and
dishwasher crystals (they will not result in a heavy, difficult-to-remove lather on the grout).
Rinse thoroughly.
The ceramic tile installed on walls or countertops in your home may be washed with any
nonabrasive soap, detergent, or tile cleaner. Abrasive cleaners will dull the finish.
Grout Discoloration
Clean grout that becomes yellowed or stained with a fiber brush, cleanser, and water. Grout
cleansers and whiteners are available at most hardware stores.
Sealing Grout
Sealing grout is your decision and responsibility. Once grout has been sealed, ongoing
maintenance of that seal is necessary and limited warranty coverage on grout that has been
sealed is void.
Separations
Expect slight separations to occur in the grout between tiles. This grout is for decorative
purposes only; it does not hold the tile ?n place. Cracks in the grout can be filled using premixed
grout purchased from flooring or hardware stores. Follow package directions.
Tile around bathtubs or countertops may appear to be pulling up after a time. This is caused by
normal shrinkage of grout or caulk and shrinkage of wood members as they dry out. If this
occurs, the best remedy is to purchase tub caulk or premixed grout from a hardware store. Follow
directions on the container. This maintenance is important to protect the underlying surface from
water damage.
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Haubert Homes Limited Warranty Guidelines
During the orientation we confirm that tile and grout areas are in acceptable condition. We will
repair or replace cracked, badly chipped, or loose tiles noted at that time. Haubert Homes is not
responsible for variations in color or discontinued patterns. New grout may vary in color from
the original.
One-Time Repair
Cracks appearing in grouting of ceramic tiles at joints or junctions with other materials are
commonly due to shrinkage. Haubert Homes will repair grouting, if necessary, one time during
the first year. We are not responsible for color variations in grout or discontinued colored grout.
Any grouting or caulking that is needed after that time is your responsibility.
Concrete Flatwork
Homeowner Use and Maintenance Guidelines
By maintaining good drainage, you protect your home's foundation and the concrete flatwork:
the basement floor, porch, patio, driveway, garage floor, and sidewalks.
Concrete slabs are floating-they are not attached to the home's foundation walls. These are not
a structural (load-bearing) element of the home and are not covered by the structural warranty.
The support posts under the I-beam are separated from the floor slab. Haubert Homes
incorporates all of these details in the construction of the basement floor because we know the
floor will move in response to the soils. Movement of the basement slab or any concrete slab
results in cracking. Minimize this movement by following Haubert Homes' landscaping
recommendations, the objective of which is to prevent moisture from reaching soils around and
under the home.
Cleaning
Avoid washing exterior concrete slabs with cold water from an outside faucet when temperatures
are high and the sun has been shining on the concrete. The abrupt change in temperature can
damage the surface bond of the concrete. We recommend sweeping for keeping exterior concrete
clean. If washing is necessary, do this when temperatures are moderate.
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Repeated cleaning of the garage floor by hosing can increase soil movement by allowing water
to penetrate any existing cracks. We recommend sweeping to clean the garage floor.
Cracks
A concrete slab 10 feet across shrinks approximately 5I8 inch as it cures. Some of this shrinkage
shows up as cracks. Cracking of concrete flatwork also results from temperature changes that
cause expansion and contraction.
During the summer, moisture finds its way under the concrete along the edges or through cracks
in the surface. In winter, this moisture forms frost that can lift the concrete, increasing the
cracking. Maintaining drainage away from all concrete slabs will minimize cracking from this
cause. As cracks occur, seal them with a waterproof concrete caulk (available at hardware or
home improvement stores) to prevent moisture from penetrating to the soil beneath.
Expansion Joints
We install expansion joints to help control expansion. However, as the concrete shrinks during
the curing process, moisture can penetrate under the concrete and lift the expansion joint. When
this occurs, fill the resulting gap with a gray silicone sealant, which you can purchase at most
hardware stores.
Heavy Vehicles
Do not permit heavy vehicles such as moving vans or concrete trucks to drive on your concrete
work. We design and install this concrete for residential use only.
Ice, Snow, and Chemicals
Driving or parking on snow creates ice on the drive, which magnifies the effects of snow on the
concrete surface. Remove ice and snow from concrete slabs as promptly as possible after snow
storms. Protect concrete from abuse by chemical agents such as pet urine, fertilizers, radiator
overflow, repeated hosing, or de-icing agents, such as road salt that can drip from vehicles. All of
these items can cause spalling (chipping of the surface) of concrete.
Sealer
A concrete sealer, available at paint stores, will help you keep an unpainted concrete floor clean.
Do not use soap on unpainted concrete. Instead, use plain water and washing soda or, if
necessary, a scouring powder. .
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Haubert Homes Limited Warranty Guidelines
Concrete slabs are floating-they are not attached to the home's foundation walls. These are not
a structural (load-bearing) element of the home and are not covered by the structural warranty.
The limited warranty coverage is for one year unless the requirements of your loan state
otherwise,
Color
Concrete slabs vary in color. No correction is provided for this condition.
Cracks
If concrete cracks reach 3/16 inches in width or vertical displacement, Haubert Homes will patch
or repair them one time during the warranty year. Subsequently, concrete slab maintenance is
your responsibility. If you prefer to have the slab replaced, we will obtain a price for you and
assist in scheduling the work upon receipt of your payment. However, we advise against this
expense since the new slab may crack as well.
Finished Floors
Haubert Homes will correct cracks, settling, or heaving that rupture finish floor materials that we
installed as part of the home as you originally purchased it.
Level Floors
Concrete floors in the habitable areas of the home will be level to within 1/4 inch within any 32-
inch measurement with the exception of an area specifically designed to slope toward a floor
drain.
Separation
Haubert Homes will correct separation of concrete slabs from the home if separation exceeds one
inch.
Settling or Heaving
Haubert Homes will repair slabs that settle or heave in excess of 2 inches or if such movement
results in negative drainage (toward the house) or hazardous vertical displacement.
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Spalling (Surface Chips)
Causes of spalling include repeated hosing of concrete for cleaning, animal urine, radiator
overflow, fertilizer, uncleared snow and ice, ice-melting agents, and road salts from vehicles.
Repair of spalling is a home maintenance task.
Standing Water
Water may stand on exterior concrete slabs for several hours after precipitation or from roof run-
off. Haubert Homes will correct conditions that cause water to remain longer than 12 hours
unless it is from roof run-off of melting snow or ice.
Condensation
Homeowner Use and Maintenance Guidelines
Condensation on interior surfaces of the windows and frames comes from high humidity within
the home combined with low outside temperatures and inadequate ventilation. Family lifestyle
significantly influences these conditions. If your home includes a humidifier, closely observe
manufacturer's„directions for its use, especially during periods of cooler temperatures.
See also Ventilation.
Haubert Homes Limited Warranty Guidelines
Condensation results from a family's lifestyle and Haubert Homes has no control over this. The
limited warranty coverage excludes condensation.
Countertops
Homeowner Use and Maintenance Guidelines
Use a cutting board to protect your counters when you cut or chop. Protect the counter from heat
and from extremely hot pans. If you cannot put your hand on it, do not put it on the counter. Do
not use countertops as ironing boards and do not set lighted cigarettes on the edge of the counter.
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Caulking
The caulking between the countertop and the wall, along the joint at the backsplash, and around
the sink may shrink, leaving a slight gap. Maintaining a good seal in these locations is important
to keep moisture from reaching the wood under the laminates and to prevent warping.
Cleaning
Avoid abrasive cleaners that will damage the luster of the surface.
Mats
Rubber drain mats can trap moisture beneath them, causing the laminated plastic to warp and
blister. Dry the surface as needed.
Wax
Wax is not necessary, but it can be used to make counters gleam.
See also Ceramic Tile.
Haubert Homes Limited Warranty Guidelines
During your orientation we confirm that all countertops are in acceptable condition. We repair
noticeable surface damage such as chips, cracks, and scratches noted on the orientation list.
Repair of surface damage that occurs during or after your move-in is one of your home
maintenance responsibilities.
Laminates
Laminated countertops will have one or more discernible seams. Haubert Homes will repair gaps
or differential at the seams that exceed 1/16 inch during the warranty period.
Manufactured Marble
Edges should be smooth and even. Where backsplash joints occur at corners, the top edges
should be even within 1/16 inch.
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Separation from Wall
Separation of countertops from walls, backsplash, and around sinks results from normal
shrinkage of materials. Haubert Homes will recaulk these areas one time during the materials and
workmanship warranty. Subsequently caulking will be your home maintenance responsibility.
Crawl Space
Homeowner Use and Maintenance Guidelines
The crawl space is not intended as a storage area for items that could be damaged by moisture.
Wood stored in a crawl space can attract termites.
You may notice slight dampness in the crawl space. Landscaping that is correctly installed helps
prevent excessive amounts of water from entering crawl spaces. Report standing water to
Haubert Homes for inspection.
See also Ventilation.
Haubert Homes Limited Warranty Guidelines
During the orientation we will check the condition of soils in the crawl space. Soils in the crawl
space may be damp but should not have standing water. Provided that you have not altered the
drainage nor caused excessive moisture to accumulate and remain in this area with incorrect
landscaping, Haubert Homes will correct the conditions that result in persistent standing water.
Doors and Locks
Homeowner Use and Maintenance Guidelines
R
The doors installed in your home are wood products subject to such natural characteristics of
wood as shrinkage and warpage. Due to natural fluctuations of humidity and the use of forced air
furnaces, showers, and dishwashers, interior doors may occasionally require minor adjustments.
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Bifold Doors
interior bifolds sometimes stick or warp due to weather conditions. Apply a silicone lubricant to
the tracks to minimize this inconvenience,
Wood Doors
To ensure longer life for your exterior wood doors, plan to refinish them at least once a year.
Stained exterior doors with clear finishes tend to weather faster than painted doors. Treat the
finish with a wood preserver every three months to preserve the varnish and prevent the door
from drying and cracking. Reseal stained exterior doors whenever the finish begins cracking or
crazing.
Failure to Latch
If a door will not latch because of minor settling, you can correct this by making a new opening
in the jamb for the latch plate (remortising) and raising or lowering the plate accordingly.
Hinges
You can remedy a squeaky door hinge by removing the hinge pin and applying a silicone
lubricant to it. Avoid using oil, as it can gum up or attract dirt. Graphite works well as a lubricant
but can create a gray smudge on the door or floor covering beneath the hinge if too much is
applied.
Keys
Keep a duplicate privacy lock key where children cannot reach it in the event a youngster locks
him- or herself in a room. The top edge of the door casing is often used as a place to keep the
key. A small screwdriver or similarly shaped device can open some types of privacy locks.
Locks
Lubricate door locks with graphite or other waterproof lubricant. Avoid oil, as it will gum up.
Slamming
Slamming doors can damage both doors and jambs and can even cause cracking in walls. Teach
children not to hang on the doorknob and swing back and forth; this works loose the hardware
and causes the door to sag.
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Shrinkage
Use putty, filler, or latex caulk to fill any minor separations that develop at mitered joints in door
trim. Follow with painting. Panels of wood doors shrink and expand in response to changes in
temperature and humidity. Touching up the paint or stain on unfinished exposed areas is your
home maintenance responsibility.
Sticking
The most common cause of a sticking door is the natural expansion of lumber due to changes in
humidity. When sticking is due to swelling during a damp season, do not plane the door unless it
continues to stick after the weather changes.
Before planing a door because of sticking, try two other steps: first, apply either a paste wax,
light coat of paraffin, or candle wax to the sticking surface; or second, tighten the screws that
hold the door jamb or door frame. If planing is necessary even after these measures, use
sandpaper to smooth the door and paint the sanded area to seal against moisture.
Warping
If a door warps slightly, keeping it closed as much as possible often returns it to normal.
Weather Stripping
Weather stripping and exterior door thresholds occasionally require adjustment or replacement.
Haubert Homes Limited Warranty Guidelines
During the orientation we confirm that all doors are in acceptable condition and correctly
adjusted. Haubert Homes will repair construction damage to doors noted on the orientation list.
Adjustments
Due to normal settling of the home, doors may require adjustment for proper fit. Haubert Homes
will make such adjustments.
Panel Shrinkage
Panels of wood doors shrink and expand in response to changes in temperature and humidity.
Although touching up the paint or stain on unfinished exposed areas is your home maintenance
responsibility, Haubert Homes will repair split panels that allow light to be visible.
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Warping
Haubert Homes will repair doors that warp in excess of 1/4 inch.
Drywall
Homeowner Use and Maintenance Guidelines
Slight cracking, nail pops, or seams may become visible in walls and ceilings. These are caused
by the shrinkage of the wood and normal deflection of rafters to which the drywall is attached.
Repairs
With the exception of the one-time repair service provided by Haubert Homes, care of drywall is
your maintenance responsibility. Most drywall repairs can be easily made. This work is best
done when you redecorate the room.
You can repair cracks with spackle or caulk. To correct a nail pop, reset the nail with a hammer
and a new nail - slightly set. Cover it with spackle, which is available at paint and hardware
stores. Apply two or three thin coats. When dry, sand the surface with fine-grain sandpaper, and
then paint. You can fill indentations caused by sharp objects in the same manner.
Haubert Homes Limited Warranty Guidelines
During the orientation, we confirm that drywall surfaces are in acceptable condition. One time
during the materials and workmanship warranty, Haubert Homes will repair drywall shrinkage
cracks and nail pops and touch up the repaired area using the same paint color that was on the
surface when the home was delivered. Touch-ups may be visible.
Repainting the entire wall or the entire room to correct this is your choice and responsibility.
You are also responsible for custom paint colors or wallpaper that has been applied subsequent
to closing. Due to the effects of time on paint and wallpaper, as well as possible dye lot
variations, touch-ups are unlikely to match the surrounding area.
Lighting Conditions
Haubert Homes does not repair drywall flaws that are only visible under particular lighting
conditions.
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Related Warranty Repairs
If a drywall repair is needed as a result of poor workmanship (such as blisters in tape) or other
warranty-based repair (such as a plumbing leak), Haubert Homes completes the repair by
touching up the repaired area with the same paint that was on the surface when the home was
delivered. If more than one-third of the wall is involved, we will repaint the wall corner to
comer. You are responsible for custom paint colors or wallpaper that has been applied
subsequent to closing. Due to the effects of time on paint and wallpaper, as well as possible dye
lot variations, touch-up may not match the surrounding area. Therefore, it may be advisable to
wait for the warranty period to expire before customizing with paint color or wallpaper.
Electrical Systems
Homeowner Use and Maintenance Guidelines
Know the location of the breaker panel; it includes a main shut-off that controls all the electrical
power to the home. Individual breakers control the separate circuits. Each breaker is marked to
help you identify which breaker is connected to which major appliances, outlets, or other service.
Should a failure occur in any part of your home, always check the breakers in the main panel
box.
Breakers
Circuit breakers have three positions: on, off, and tripped. When a circuit breaker trips, it must
first be turned off before it can be turned on. Switching the breaker directly from tripped to on
will not restore service.
Breaker Tripping
Breakers trip due to overloads caused by plugging too many appliances into the circuit, a worn
cord or defective appliance, or operating an appliance with too high a voltage requirement for the
circuit. The starting of an electric motor can also trip a breaker.
If any circuit trips repeatedly, unplug all items connected to it and reset. If it trips when nothing
is connected to it, you need an electrician. If the circuit remains on, one of the items you
unplugged is defective and will require repair or replacement.
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Buzzing
Fluorescent fixtures use transformer action to operate. This action sometimes causes a buzzing.
Fixture Location
We install light fixtures in the locations indicated on the plans. Moving fixtures to accommodate
specific furniture arrangements or room use is your responsibility.
GFCI (Ground-Fault Circuit Interrupters)
GFCI receptacles have a built-in element that senses fluctuations in power. Quite simply, the
GFCI is a circuit breaker. Building codes require installation of these receptacles in bathrooms,
the kitchen, outside, and the garage (areas where an individual can come into contact with water
while holding an electric appliance or tool). Heavy appliances such as freezers or power tools
will trip the GFCI breaker.
Do not plug a refrigerator or food freezer
into a GFCI-controlled outlet. The
likelihood of the contents being ruined is
high and the limited warranty does not cover
such damage.
Each GFCI receptacle has a test and reset button. Once each month, press the test button. This
will trip the circuit. To return service, press the reset button. If a GFCI breaker trips during
normal use, it may indicate a faulty appliance and you will need to investigate the problem. One
GFCI breaker can control up to three or four outlets.
Grounded System
Your electrical system is a three-wire grounded system. Never remove the bare wire that
connects to the box or device.
Light Bulbs
You are responsible for replacing burned-out bulbs other than those noted during your
orientation.
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Modifications
If you wish to make any modifications, contact the electrician listed on the Emergency Phone
Numbers you receive at the orientation. Having another electrician modify your electrical system
during the warranty period can void that portion of your limited warranty.
Outlets
If an outlet is not working, check first to see if it is controlled by a wall switch or GFCI. Next,
check the breaker.
If there are small children in the home, install safety plugs to cover unused outlets. This also
minimizes the air infiltration that sometimes occurs with these outlets. Teach children to never
touch electrical outlets, sockets, or fixtures.
Underground Cables
Before digging, check the location of buried service leads by calling the local utility locating
service. In most cases, wires run in a straight line from the service panel to the nearest public
utility pad. Maintain positive drainage around the foundation to protect this service.
Haubert Homes Limited Warranty Guidelines
During the orientation we confirm that light fixtures are in acceptable condition and that all bulbs
are working. Haubert Homes' limited warranty excludes any fixture you supplied.
Designed Load
Haubert Homes will repair any electrical wiring that fails to carry its designed load to meet
specifications. If electrical outlets, switches, or fixtures do not function as intended, Haubert
Homes will repair or replace them.
GFCI (Ground-Fault Circuit-Interrupters)
Haubert Homes is not responsible for food spoilage that results from your plugging refrigerators
or freezers into a GFCI outlet.
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Power Surge
Power surges are the result of local conditions beyond the control of Haubert Homes and are
excluded from limited warranty coverage. These can result in burned-out bulbs or damage to
sensitive electronic equipment such as TVs, alarm systems, and computers. Damage resulting
from lightning strikes are excluded from limited warranty coverage.
Electric Water Heater
Homeowner Care and Maintenance
Carefully read the manufacturer's literature and warranty for your specific model of water heater.
Drain Tank
Review and follow the manufacturer's timetable and instructions for draining several gallons of
water from the bottom of the water heater. This reduces build-up of chemical deposits from the
water, thereby prolonging the life of the tank as well as saving energy dollars. Also drain the
tank if it is being shut down during periods of freezing temperatures. Carefully follow the
instructions in the manufacturer's literature.
Element Cleaning or Replacement
The heating elements in the water heater will require periodic cleaning. The frequency is
determined in part by the quality of the water in your area. Again, refer to the manufacturer's
literature for step-by-step instructions and drawings, or contact an authorized service company.
No Hot Water
If you discover you have no hot water, check the breaker, the temperature setting, and the water-
supply valve before calling for service. Refer to the manufacturer's literature for locations of
these items and other troubleshooting information.
Safety
Keep the area around a water heater clear of stored household items. Never use the top of the
water heater as a storage shelf.
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Temperature
Temperature settings on an electric water heater will produce approximately the temperatures
listed below:
Hot 120 degrees F
A 130 degrees F
B 140 degrees F
C 150 degrees F
Very Hot 160 degrees F
The recommended setting for operation of a dishwasher is B, or 140 degrees. Higher settings can
waste energy dollars and increase the danger of injury from scalding. Hot water will take longer
to arrive at sinks, tubs, and showers that are farther from the water heater. Please note: it is
advisable for homeowners with young children or elderly individuals living in the house to keep
their thermostats at lower settings to insure against accidental scalding.
Haubert Homes Limited Warranty
Refer to the manufacturer's limited warranty for complete information regarding warranty
coverage on your water heater.
Expansion and Contraction
Homeowner Use and Maintenance Guidelines
Changes in temperature and humidity cause all building materials to expand and contract.
Dissimilar materials expand or contract at different rates. This movement results in separation
between materials, particularly dissimilar ones. You will see the effects in small cracks in
drywall and in paint, especially where moldings meet drywall, at mitered corners, and where the
grout meets tub or sink. While this can alarm an uninformed homeowner, it is normal.
Shrinkage of the wood members of your home is inevitable and occurs in every new home.
Although this is most noticeable during the first year, it may continue beyond that time. In most
cases, caulk and paint are all that you need to conceal this minor evidence of a natural
phenomenon. Even though properly installed, caulking shrinks and cracks. Maintenance of
caulking is your responsibility.
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Haubert Homes Limited Warranty
Haubert Homes provides one-time repairs to many of the effects of expansion and contraction.
See individual categories for details.
Fireplace
Homeowner Use and Maintenance Guidelines
Most of us feel a fireplace is an excellent way to create a warm, cozy atmosphere. However,
without sufficient information, your use of the fireplace can result in heat (and dollars) being
wasted. To help prevent that, consider the following points.
Look upon burning a fire as a luxury that adds much to the atmosphere but just a little to the heat
in a home. About 10 percent of the heat produced by a fire is radiated into the house. In many
older homes, the air used by the fireplace for combustion is replaced with cold outside air drawn
in through cracks around doors and windows. However, your home is constructed so tightly that
this does not happen. We install a fresh air vent to supply the fireplace with combustion air and
reduce the amount of heated air the fire draws from your house. Open this vent before starting
the fire as you do the damper.
Close the damper and cold air vent when not in use. Leaving these open is equivalent to having
an open window in the house. If the fire is still burning, but you are finished enjoying it, use
glass doors to prevent heated air from being drawn up the chimney until your damper can be
closed.
One caution on the use of glass doors: do not close them over a roaring fire, especially if you are
burning hard woods (such as oak or hickory) because this could break the glass. Also, when
closing the doors over a burning fire, open the mesh screens first. This prevents excessive heat
build-up on the mesh, which might result in warping or discoloration.
Your objective in building a fire should be a clean, steady, slow-burning fire. Begin with a small
fire to allow the components of the fireplace to heat up slowly. Failure to do so may damage the
fireplace and can void the warranty. Start the fire by burning kindling and newspaper under the
grate; two to three layers of logs stacked with air space between, largest logs to the rear, works
best. One sheet of paper burned on top of the stack will help the chimney start to draw. Any logs
6 inches in diameter or larger should be split.
Do not burn trash in the fireplace and never
use any type of liquid fire starter.
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Remove old ashes and coals from under the grate when completely cool. A light layer is
desirable as an insulator and will help to reflect heat.
Chimney Cleaning
Creosote and other wood-burning by-products accumulate inside the flue over a period of time.
This build-up can be a fire hazard. The way you use your fireplace and the type of wood you
burn determine the frequency of your chimney cleanings. For instance, burning soft woods or
improperly seasoned woods necessitates more frequent cleaning. Hire a qualified chimney sweep
for this cleaning.
Spark Arrester
If the spark arrester becomes clogged, the diminished air flow will affect the performance of the
fireplace and may be a fire hazard. Have the arrester cleaned professionally when needed.
Gas Fireplace
Haubert Homes offers direct-vent gas fireplaces. If you ordered this type of fireplace, it is
demonstrated during the orientation. Read and follow all manufacturers' directions.
A slight delay between turning the switch on and flame ignition is normal. The flames should
ignite gently and silently. If you notice any deviation from this and any gas smell, immediately
shut off the switch and report it to the gas company.
Excessive winds can cause a downdraft, which can blow out the pilot, requiring you to relight it
before using the fireplace.
The exterior vent cover for a direct-vent gas
fireplace becomes extremely hot when the
fireplace is operating.
Haubert Homes Limited Warranty Guidelines
Fireplaces are not intended to be the sole heat source in the home. The fireplace should function
properly when Haubert Homes' and the manufacturer's directions are followed.
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Chimney Separation
Separation of a brick chimney from a newly constructed home may occur. Haubert Homes will
repair separation from the main structure in excess of 1/2 inch in 10 feet. Caulking is acceptable
in most cases.
Cracks
Normal shrinkage of mortar results in hairline cracks in masonry. Haubert Homes will repair
cracks that exceed 1/8 inch in width. The repair consists of pointing or patching and the mortar
color will be matched as closely as possible, but expect some variation.
Exterior masonry may have chips, irregular surfaces, and color variations, which occur during
manufacturing, shipping, or handling. Unless such conditions affect the structural integrity of the
home, no repair is provided.
Discoloration
Discoloration of the firebox or brick is a normal result of use and requires no corrective action.
Mortar-style fireplaces may develop cracks due to temperature changes and other factors.
Downdraft
Although extremely high winds can result in a downdraft, this condition should be temporary
and occasional. We will determine and correct continuous malfunction if caused by a
construction or design defect.
Glass Doors
During the orientation we confirm that glass fireplace doors, when included with the home, are
in acceptable condition.
Water Infiltration
In unusually heavy or prolonged precipitation, especially when accompanied by high winds,
some water can enter the home through the chimney. The limited warranty excludes this
occurrence.
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Foundation
Homeowner Use and Maintenance Guidelines
We install the foundation of your home according to the recommendations of our consulting
engineer. The walls of the foundation are either concrete block or poured concrete. To protect
your home's foundation, follow guidelines for installation and maintenance of landscaping and
drainage in this manual.
Cracks
Even though an engineer designed the foundation and we constructed it according to engineering
requirements, surface cracks can still develop in the wall. Surface cracks are not detrimental to
the structural integrity of your home. If a crack develops in a foundation wall that allows water to
come through, follow the procedures for submitting a warranty claim.
Dampness
Due to the amount of water in concrete (for concrete poured walls), basements may be damp.
Condensation can form on water lines and drip onto the floor.
Future Construction in Basement
If you decide to perform additional construction in the basement, obtain guidelines from a
licensed engineer, obtain a building permit, and comply with all codes and safety requirements.
Haubert Homes does not warrant that you will be able to obtain such a permit because of the
possibility that building codes may change.
Haubert Homes Limited Warranty Guidelines
The foundation of your home has been designed and installed according to the recommendations
of an engineer. The walls of the foundation are either concrete block or poured concrete.
Cracks
Shrinkage or backfill cracks are not unusual in foundation walls, especially at the comers of
basement windows. Haubert Homes will seal cracks that exceed 1/8 inch in width.
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Cosmetic Imperfections
Slight cosmetic imperfections in foundation walls are possible and require no repair unless they
permit water to enter.
Leaks
Haubert Homes will correct conditions that permit water to enter the basement, provided you
have complied with the drainage, landscaping, and maintenance guidelines.
Garage Overhead Door
Homeowner Use and Maintenance Guidelines
Since the garage door is a large, moving object, periodic maintenance is necessary.
30- Weight Oil
Every six months, apply a 30-weight automobile oil or similar lubricant to all moving parts:
track, rollers, hinges, pulleys, and springs. At the same time, check to see that all hardware is
tight and operating as intended without binding or scraping. Avoid overlubricating to prevent
drips on vehicles or the concrete floor.
Lock
If the lock becomes stiff, apply a silicone or graphite lubricant. Do not use oil on a lock, as it will
stiffen in winter and make the lock difficult to operate.
Opener
To prevent damage to a garage door opener, be sure the door is completely unlocked and the
rope-pull has been disengaged before using the operator.
If you have an opener installed after closing on your home, we suggest that you order it from the
company that provided and installed the garage door to assure uninterrupted warranty coverage.
Be familiar with the steps for manual operation of the door in the event of a power failure.
If Haubert Homes installed a door opener as one of your selections, during orientation we
demonstrate the electric eye that provides a safety stop in the event someone crosses through the
opening while the overhead door is in motion. Use care not to place tools or other stored items
where they interfere with the function of the electric eye.
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Painting
Repaint the garage door when you repaint your home, or more often if needed to maintain a
satisfactory appearance.
Safety
Follow the manufacturer's instructions for safe and reliable operation. Do not allow anyone
except the operator near the door when it is in motion. Keep hands and fingers away from all
parts of the door except the handle. Do not allow children to play with or around the door.
For your safety, after the expiration of the one-year warranty, have any needed adjustments
made by a qualified specialist. The door springs are under a considerable amount of tension and
require special tools and knowledge for accurate and safe servicing. Have the door inspected by
a professional garage door technician after any significant impact to the door.
Haubert Homes Limited Warranty Guidelines
The garage door should operate smoothly and with reasonable ease. The door can become
misaligned and require adjustment, which Haubert Homes will provide unless the problem is
caused by the installation of a garage door opener subsequent to closing on the home.
Light Visible
Garage overhead doors cannot be air tight. Some light will be visible around the edges and
across the top of the door. Severe weather conditions may result in some precipitation entering
around the door.
Gas Shut-Offs
Homeowner Use and Maintenance Guidelines
You will find shut-offs on gas lines near their connection to each item that operates on gas. In
addition, there is a main shut-off at the meter. We point these out during the orientation. If you
suspect a gas leak, leave the home and call the gas company immediately for emergency service.
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Haubert Homes Limited Warranty Guidelines
The gas company is responsible for leaks up to the meter. Haubert Homes will correct leaks from
the meter into the home.
Gas Water Heater
Homeowner Use and Maintenance Guidelines
Carefully read and follow the manufacturer's literature for your specific model of water heater.
Condensation
Condensation inside your new water heater may drip onto the burner flame. This causes no harm
and in most cases will disappear in a short period of time.
Drain Tank
Review and follow manufacturer's timetable and instructions for draining several gallons of
water from the bottom of the water heater. This reduces the build-up of chemical deposits from
the water, prolonging the life of the tank and saving energy dollars.
Pilot
Never light a gas pilot when the water heater tank is empty. Always turn off the gas before
shutting off the cold water supply to the tank.
Reinstall the cover panel and then adjust the temperature setting with the regulating knob on the
front of the tank.
Water heaters sometimes collect small quantities of dirty water and scale in the main gas lines,
which may put out the pilot light.
While away from home for an extended period of time, set the temperature to its lowest point
and leave the pilot lit.
Safety
Vacuum the area around a gas-fired water heater to prevent dust from interfering with proper
flame combustion. Avoid using the top of a heater as a storage shelf.
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Temperature
The recommended thermostat setting for normal everyday use is "normal." Higher settings can
result in wasted energy dollars and increase the danger of injury from scalding. Hot water will
take longer to arrive at sinks, tubs, and showers that are farther from the water heater. Please
note: it is advisable for homeowners who have young children or elderly individuals living with
them to set their thermostats at lower settings to insure against accidental scalding.
No Hot Water
If you discover that you have no hot water, check the pilot, temperature setting, and water supply
valve before calling for service. Refer to the manufacturer's literature for specific locations of
these items and other troubleshooting information.
Haubert Homes Limited Warranty Guidelines
Refer to the manufacturer's limited warranty for information regarding coverage of the water
heater.
See also Plumbing.
Grading and Drainage
Homeowner Use and Maintenance Guidelines
The final grades around your home have been inspected and approved for proper drainage of
your lot. Our surveyor completes a drainage certification and then the local building authorities
as well as Haubert Homes inspect the site.
Drainage
Typically, the grade around your home should slope 1 foot in the first 10 feet, tapering to a
2 percent slope. In most cases, drainage swales do not follow property boundaries. Maintain the
slopes around your home to permit the water to drain away from the home as rapidly as possible.
This is essential to protect your foundation. Failure to do so can result in major structural damage
and will void your warranty.
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Roof Water
Do not remove the splash blocks or downspout extensions from under the downspouts. Keep
these in place at all times, sloped so the water drains away from your home quickly.
Rototilling
Rototilling can significantly change drainage swales. You can minimize this by rototilling
parallel to the swales rather than across them.
Settling
The area we excavated for your home's foundation was larger than the home to allow room to
work. In addition, some trenching is necessary for installation of utility lines. Although we
replaced and compacted the soil, it does not return to its original density. Some settling will
occur, especially after prolonged or heavy rainfall or melting of large amounts of snow. Settling
can continue for several years. Inspect the perimeter of your home regularly for signs of settling
and fill settled areas as needed to maintain positive drainage.
See also Landscaping.
Haubert Homes Limited Warranty Guidelines
We established the final grade to ensure adequate drainage away from the home. Maintaining
this drainage is your responsibility. If you alter the drainage pattern after closing, or if changes in
drainage occur due to lack of maintenance, the limited warranty is void.
Backfill Settlement
Backfilled or excavated areas around the foundation and at utility trenches should not interfere
with the drainage away from your home. If these areas settle during the first year, Haubert
Homes will fill the areas one time and subsequently will provide you with fill dirt to maintain
positive drainage through the end of the One-Year warranty.
Erosion
Haubert Homes is not responsible for weather-caused damage to unlandscaped yards after the
final grade has been established or the closing date, whichever occurs last.
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New Sod
New sod installation and the extra watering that accompanies it can cause temporary drainage
problems, as can unusually severe weather conditions.
Recommendations
Haubert Homes documents the grades that exist at the time of delivery of your home or as soon
thereafter as possible. The ground must be dry and free of frost to make these determinations.
Once final grades are set, Haubert Homes will inspect drainage problems reported in writing
during the warranty period, compare grades to those originally established, and advise you on
corrective actions you might take.
Soil Information
We provide soil information when the purchase agreement is written or as soon thereafter as it
becomes available. Landscaping recommendations are designed based on soils and engineering
reports and thus may vary slightly.
Swales
Haubert Homes does not alter drainage patterns to suit individual landscape plans. Typically, a
lot receives water from and passes water on to other lots, so changes in grade often affect
adjacent or nearby lots. Haubert Homes advises against making such changes. After heavy rain
or snow, water may stand in swales up to 48 hours.
Under Concrete
Haubert Homes will fill visible sunken areas under concrete during the first year.
Winter Grading
Due to weather conditions, especially during winter and early spring, the final grade may not
have been established at the time of closing. We document the status of your grading at the time
of delivery. When conditions permit, grading work will continue. Confirm that we have
completed your grading before beginning landscaping.
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Gutters and Downspouts
Homeowner Use and Maintenance Guidelines
Check gutters periodically and remove leaves or other debris. Materials that accumulate in
gutters can slow water drainage from the roof, cause overflows, and clog the downspouts.
Extensions or Splashblocks
Extensions should discharge outside of rock or bark beds so that water is not dammed behind the
edging materials that might be used.
Ladders
Use caution when leaning ladders against gutters, as this may cause dents.
Leaks
If a joint between sections of gutter drips, caulk the inside joint using a commercial gutter
caulking compound available at hardware stores.
Snow and Ice
Clear excess snow from downspouts as soon as possible to allow the gutter to drain and to
prevent damage. Severe ice or snow build-up can damage gutters, and such damage is not
covered by the limited warranty.
Haubert Homes Limited Warranty Guidelines
Gutters over 3 feet long are installed with a slight slope so that roof water will flow to the
downspouts.
Leaks
We correct leaks that occur during the warranty period.
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Overflow
Gutters may overflow during periods of excessively heavy rain. This is expected and requires no
repair.
Standing Water
Small amounts of water (up to one inch) will stand for short periods of time in gutters
immediately after rain. No correction is required for these conditions.
Hardware
Homeowner Use and Maintenance Guidelines
Doorknobs and locks should operate correctly with little attention. Over time, they may need
slight adjustments due to normal shrinkage of the framing. Occasionally, you may need to
tighten screws.
Haubert Homes Limited Warranty Guidelines
We confirm that all hardware is in acceptable condition during orientation. The limited warranty
excludes repairs for cosmetic damage subsequent to the orientation.
Haubert Homes will repair hardware items that do not function as intended.
Hardwood Floors
Homeowner Use and Maintenance Guidelines
In daily care of hardwood floor, preventive maintenance is the primary goal.
Cleaning
Sweep on a daily basis or as needed. Never wet mop a hardwood floor. Excessive water causes
wood to expand and can possibly damage the floor. When polyurethane finishes become soiled,
damp-mop with a mixture of one-cup vinegar to one gallon of warm water. When damp-
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mopping, remove all excess water from the mop. Use a towel to dry as you go. Check with the
hardwood company if your floor has a water-based finish.
Dimples
Placing heavy furniture or dropping heavy or sharp objects on hardwood floors can result in
dimples.
Filmy Appearance
A white, filmy appearance can result from moisture, often from wet shoes or boots.
Furniture Legs
Install proper floor protectors on furniture placed on hardwood floors. Protectors will allow
chairs to move easily over the floor without scuffing. Regularly clean the protectors to remove
any grit that may have accumulated.
Humidity
Wood floors respond noticeably to changes in humidity in your home. Especially during winter
months the individual planks or pieces expand and contract as water content changes. A
humidifier helps but does not eliminate this reaction. Conversely, a dehumidifier in the summer
is helpful.
Mats and Area Rugs
Use protective mats at the exterior doors to help prevent sand and grit from getting on the floor.
Gritty sand is wood flooring's worst enemy. However, be aware that rubber backing on area rugs
or mats can cause yellowing and warping of the floor surface.
Recoat
If your floors have a polyurethane finish, you may want to have an extra coat of polyurethane
applied by a qualified contractor within six months to one year. The exact timing will depend on
your particular lifestyle. If another finish was used, refer to the manufacturer's recommendations.
Separation
Expect some shrinkage around heat vents or any heat-producing appliances, or during seasonal
weather changes.
See also Warping.
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Shoes
Keep high heels in good repair. Heels that have lost their protective cap (thus exposing the
fastening nail) will exert over 8,000 pounds of pressure per square inch on the floor. That's
enough to damage hardened concrete; it will mark your wood floor.
Spills
Clean up food spills immediately with a dry cloth. Use a vinegar-and-warm-water solution for
tough food spills.
Splinters
When floors are new, small splinters of wood can appear.
Sun Exposure
Exposure to direct sunlight can cause irreparable damage-to hardwood floors. To preserve the
beauty of your hardwood floors, install and use window coverings in these areas.
Traffic Paths ,
A dulling of the finish in heavy traffic areas is likely.
Warping
Warping will occur if the floor repeatedly becomes wet or is thoroughly soaked even once. Slight
warping in the area of heat vents or heat-producing appliances is also typical.
Wax
Waxing and the use of products like oil soap are neither necessary nor recommended. Once you
wax a polyurethane finish floor, recoating is difficult because the new finish will not bond to the
wax. The preferred maintenance is preventive cleaning and recoating annually or as needed to
maintain the desired luster.
Haubert Homes Limited Warranty Guidelines
During the orientation we will confirm that hardwood floors are in acceptable condition. We will
correct any readily noticeable cosmetic defects listed during the orientation. You are responsible
for routine maintenance of hardwood floors.
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Separations
Shrinkage will result in separations between the members of hardwood floors. If these exceed
1/8 inch, Haubert Homes will fill them one time. Haubert Homes is not responsible for removing
excess filler that appears on the surface if the boards expand due to subsequent changes in
humidity and expel the filler.
Heating System
Homeowner Use and Maintenance Guidelines
Good maintenance of the furnace can save energy dollars and prolong the life of the furnace.
Carefully read and follow the manufacturer's literature on use and maintenance. The guidelines
here include general information only.
Adjust Vents
Experiment with the adjustable registers in your home to establish the best heat flow for your
lifestyle. Generally, you can reduce the heat in seldom-used or interior rooms. This is an
individual matter and you will need to balance the system for your own family's needs.
Avoid Overheating
Do not overheat your new home. Overheating can cause excessive shrinkage of framing lumber
and may materially damage the home. In the beginning, use as little heat as possible and increase
it gradually.
Blower Panel
You need to position the blower panel correctly for the furnace blower (fan) to operate. This
panel compresses a button that tells the blower it is safe to operate. If this panel is not on tightly,
the fan will not come on.
Combustion Air
Furnaces we install in basements or in closets over crawl spaces include combustion air vents.
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Never cover or block the combustion air
vent in any way. Outside air is needed to
supply the furnace with sufficient oxygen.
Blocking the combustion air vent will cause
the furnace to draw air down the vent pipe
and pull poisonous gases back into your
home.
Filter
Remember to change or clean the filter monthly during the heating season (year-round if you
also have air conditioning). A clogged filter can slow air flow and cause cold spots in your home.
Although it takes less than one minute to change the filter, this is one of the most frequently
overlooked details of normal furnace care. Buy filters in large quantity for the sake of
convenience.
If you have a permanent, washable, removable filter, you need to clean this monthly. Use water
only to clean the filter, tap to dry or air dry, and leave unit off for a brief period. Do not use
soaps or detergents on the filter.
Furnished Home
The heating system was designed with a furnished home in mind. If you move in during the
cooler part of the year and have not yet acquired all of your draperies and furnishings, the home
may seem cooler than you would expect.
Gas Odor
If you smell gas, call the gas company immediately.
Odor
A new heating system may emit an odor for a few moments when you first turn it on. An
established system may emit an odor after being unused for an extended time (such as after the
summer months if you do not use air conditioning). This is caused by dust that has settled in the
ducts and should pass quickly.
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On-Off Switch
The furnace has an on-off blower switch. This switch looks like a regular light switch and is
located in a metal box outside the furnace. When turned off, this switch overrides all furnace
commands and shuts down the blower. This is usually done only when maintenance service is
being performed, although young children have been known to turn the furnace off using this
switch.
Pilot
On models with manually lit pilots, lighting the furnace pilot involves several steps. First,
remove the cover panel to expose the pilot. Then rotate the on-off pilot knob to pilot. When the
knob is in this position, you can depress the red button.
While depressing the red button, hold a match at the pilot. Once the pilot lights, continue to hold
the red button down for 30 to 60 seconds. When you release the red button, the pilot should stay
lit. If it does not, wait several minutes to allow any gas to dissipate from the furnace area and
repeat the entire process. If the pilot stays lit, rotate the on-off pilot knob to the-,on position.
Reinstall the cover panel. You can find these instructions on a sticker on the fumace and in the
manufacturer's literature.
Registers
Heat register covers are removable and adjustable. You are responsible for adjusting the dampers
in these covers to regulate the heat flow within the home. Registers in the rooms farther away
from the furnace will usually need to be opened wider.
Return Air Vents
For maximum comfort and efficient energy use, arrange furniture and draperies to allow
unobstructed air flow from registers and to cold air returns.
Temperature
Depending on the style of home, temperatures can normally vary from floor to floor as much as
10 degrees or more on extremely cold days. The furnace blower will typically cycle on and off
more frequently and for shorter periods during severe cold spells.
Thermostat
The furnace will come on automatically when the temperature at the thermostat registers below
the setting you have selected. Once the furnace is on, setting the thermostat to a higher
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temperature will not heat the home faster. Thermostats are calibrated to within plus or minus
5 degrees.
Trial Run
Have a trial run early in the fall to test the furnace. (The same applies to air conditioning in the
spring.) If service is needed, it is much better to discover that before the heating season.
Haubert Homes Limited Warranty Guidelines
We will install heating systems according to local building codes, as well as to engineering
designs of the particular model home.
Adequacy of the system is determined by its ability to establish a temperature of 70 degrees F,
as measured in the center of the room, 5 feet above the floor. In extremely cold temperatures
(10 degrees below or colder), the system should be able to maintain a temperature differential of
80 degrees from the outside temperature.
Duct Placement
The exact placement of heat ducts may vary from those positions shown in similar floor plans.
Ductwork
Although the heat system is not a sealed system, the ductwork should remain attached and
securely fastened. If it becomes unattached, Haubert Homes will repair as needed.
Thermostat
Thermostats are calibrated to plus or minus 5 degrees.
Heat Pump
Homeowner Care and Maintenance
If your home contains a heat pump system, you should be aware of the performance
characteristics unique to these systems. As with any system, read the manufacturer's literature
and follow all instructions for efficient operation and maintenance of your system. Clean or
replace filters once a month. Provide professional service for your system at least once every two
years.
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Air Circulation Across Coils
Keep the outside unit clear of any materials that would interfere with air circulation. Snow, ice,
landscaping materials, trash, leaves, and other accumulating items can cause inefficiency or
damage the unit.
Air Conditioning and Heating
A heat pump system operates differently from a gas forced-air furnace. The same system
provides both heat and air conditioning. This is possible because refrigerant flows back and forth
in the coils of the heat pump, controlled by a reversing valve. In the heating mode, the heat pump
removes heat from the outside air and transfers it to the inside air. In the cooling mode, it does
just the opposite, removing heat from the inside air and discharging it outside of the home. The
thermostat inside your home controls this heating or cooling activity.
Air Temperature at Vents
Do not expect dramatic temperature differences in the air coming from the vents as is common
with other kinds of systems. The coils used in a heat pump system operate at lower temperatures
than those common in a gas forced-air system. As a result, for example, in the heat mode, air
from the supply vents will typically range from 85 to 90 degrees F. The vents will not feel hot,
though the air discharged is warmer than the air in the room by as much as 20 degrees.
Auxiliary Heat System
At lower outside temperatures, less heat is available for the heat pump to draw from the exterior
air. Therefore, from time to time the auxiliary heat system will come on to maintain the
temperature you set at the thermostat. The auxiliary system will also come on whenever the
temperature at the thermostat is moved 1.5 degrees or more at one time. If the light stays on
when the outside temperature is more than 30 degrees F, contact a service person.
Defrost Cycle
When the heat pump is operating in the heat mode, the coils outside may reach below freezing
temperatures. Moisture in the air will condense into frost and accumulate on the coils under these
circumstances. From time to time, the system will go into defrost mode to clear accumulated
frost from the coils. This is a normal part of the operation of the system and will occur
automatically. During the defrost cycle, the outside fan will stop temporarily. The temperature of
air flow into the home will be a bit lower during the defrost cycle. The defrost cycle can only
occur once every 90 minutes and lasts no longer than 10 minutes.
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Night Setback
Unless you have a night setback thermostat designed to work with a heat pump system, do not
turn the thermostat down in the evenings. Adjust the temperature a fraction of a degree at a time
until a comfortable, permanent setting is found.
Register Adjustment
Registers will require adjustment from time to time to maximize your family's comfort. Do not
completely close off more than one supply register at a time. This can restrict the air flow too
much and reduce the efficiency of the system. A good technique is to completely open all the
vents, then gradually move the temperature setting up until the coolest room is comfortable.
Once the coolest room is comfortable, gradually close the vents in the warmer rooms until all
rooms are comfortable as well. Reverse the process for air conditioning.
Return Air Vents
As with any heating system, return air vents must be clear so the air flows through the ducts
unimpeded. Avoid placing furniture where it blocks the return air vents.
Haubert Homes Limited Warranty Guidelines
Refer to the manufacturer's limited warranty for information regarding warranty coverage.
Humidifier
Homeowner Use and Maintenance Guidelines
Operate a humidifier only with the furnace, not with the air conditioner. If you notice
condensation on windows, the humidifier should be adjusted to a lower setting. Clean the
moisture pad according to the manufacturer's instructions and suggested timetable.
Haubert Homes Limited Warranty Guidelines
Refer to the manufacturer's limited warranty for information regarding coverage of the
humidifier.
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Insulation
Homeowner Use and Maintenance Guidelines
The effectiveness of blown insulation is diminished if it is uneven. As the last step in any future
work done in your attic (for example, the installation of a TV antenna), you should confirm that
the insulation lays smooth and even.
Do not step on drywall ceilings, because this can result in personal injury or damage to the
drywall.
Electrical outlets sometimes emit noticeable amounts of cold air when outside temperatures are
low.
Haubert Homes Limited Warranty Guidelines
Haubert Homes will install insulation to meet or exceed the building codes applicable at the time
of construction and outlined as part of your purchase agreement.
Landscaping
Homeowner Use and Maintenance Guidelines
Plan to install the basic components of your landscaping as soon after closing as weather permits.
In addition to meeting your homeowner's association requirements to landscape in a timely
manner, well-designed landscaping prevents erosion and protects the foundation of your home.
Additions
Before installing patio additions or other permanent improvements, consider soil conditions in
the design and engineering of your addition.
Backfill
We construct the foundation of your home beginning with an excavation into the earth. When the
foundation walls are complete, the area surrounding them is backfilled. Soil in this area is not as
compact as undisturbed ground.
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Water can penetrate through the backfill area to the lower areas of your foundation. This can
cause potentially severe problems such as wet basements, cracks in foundation walls, and floor
slab movement. Avoid this through proper installation of landscaping and good maintenance of
drainage.
Backfill areas will settle and require prompt attention to avoid damage to your home and voiding
of the structural warranty.
Keep downspout extensions in the down position to channel roof runoff away from the
foundation area of your home. Routine inspection of downspouts, backfill areas, and other
drainage components is an excellent maintenance habit.
See also Grading and Drainage
Bark or Rock Beds
Do not allow edgings around decorative rock or bark beds to dam the free flow of water away
from the home. You can use a nonwoven landscape fabric between the soil and rock or bark to
restrict weed growth while still permitting normal evaporation of ground moisture.
Contractors
You are responsible for changes to the drainage pattern made by any landscape, concrete, deck,,
or pool contractor. Discuss drainage with any company you hire to do an installation in your
yard. Do not permit them to tie into existing drainage pipes without approval from Haubert
Homes.
Irrigation
Make provisions for efficient irrigation. Conduct weekly operational checks to ensure proper
performance of the system. Direct sprinkler heads away from the home. Trickler or bubbler type
irrigation systems are not recommended for use adjacent to the structure. Regularly drain and
service sprinkler systems.
Planning
Locate plants and irrigation heads out of the way of pedestrian or bicycle traffic and car
bumpers.
Space groves of trees or single trees to allow for efficient mowing and growth. Group plants with
similar water, sun, and space requirements together.
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Plant Selection
Plant with regard to your local climate. Favor native over exotic species. Consider ultimate size,
shape, and growth of the species.
Requirements
Check with your local building department and homeowners association before designing,
installing, or changing landscaping for any regulations that they require you to follow.
Soil Mix
Provide good soil mixes with sufficient organic material. Use mulch at least 3 inches deep to
hold soil moisture and to help prevent weeds and soil compaction.
In areas with high clay content, prepare the soil before installing your grass. First cover the soil
with 2 inches of sand and 1 inch of manure that is treated and odorless. Rototill this into the soil
to a depth of 6 inches (rototill parallel w the swales). Whether you use seed or sod, this
preparation helps your lawn to retain moisture and require less water. Installin& lawn over hard
soil permits water to run off with little or no penetration and your lawn will derive minimal
benefit from watering or rain.
Apply appropriate fertilizer and weed and pest controls as needed for optimal growth. Investigate
organic compounds for additional protection of the environment.
Utility Lines
A slight depression may develop in the front lawn along the line of the utility trench. To correct
this, roll back the sod, spread topsoil underneath to level the area, and then relay the sod.
Waiting to Landscape
If you leave ground unlandscaped, it erodes. Correcting erosion that occurs after closing is your
responsibility.
Xeriscape
Haubert Homes recommends careful consideration of landscape design and selection of planting
materials to minimize the demands of your yard on water supplies. Detailed information about
Xeriscape is available from reputable nurseries. This has the triple benefit of helping the
environment, saving on water bills, and reducing the amount of moisture that can reach your
foundation.
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Haubert Homes Limited Warranty
Landscape materials we install are warranted for one growing season. We will confirm the
healthy condition of all plant materials during the orientation. Maintaining landscaping is your
responsibility.
Mildew
Homeowner Use and Maintenance Guidelines
Mildew is a fungus that spreads through the air in microscopic spores. They love moisture and
feed on surfaces or dirt. On siding, they look like a layer of dirt. Cleaning mildew from your
home is your responsibility. Solutions that remove mildew are available from local paint or home
improvement stores.
Wear protective eyewear and rubber gloves for this task; the chemicals that remove mildew are
unfriendly to humans.
Haubert Homes Limited Warranty Guidelines
We will remove any mildew noted during the orientation. Haubert Homes warranty excludes
mildew.
Mirrors
Homeowner Use and Maintenance Guidelines
To clean your mirrors, use any reliable liquid glass cleaner or polisher available at most
hardware or grocery stores. Avoid acidic cleaners and splashing water under the mirror; either
can cause the silvering to deteriorate. Avoid getting glass cleaners on plumbing fixtures as some
formulas can deteriorate the finish.
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Haubert Homes Limited Warranty Guidelines
We will confirm that all mirrors are in acceptable condition during the orientation. Haubert
Homes will correct scratches, chips, or other damage to mirrors noted during the orientation.
Paint and Stain
Homeowner Use and Maintenance Guidelines
Due to changes in the formula for paint (such as the elimination of lead to make paints safer),
painted surfaces must be washed gently using mild soap and as little water as possible. Avoid
abrasive cleaners, scouring pads, or scrub brushes. Flat paints show washing marks more easily
than gloss paints do. Often, homeowners prefer the results obtained by touching up rather than
washing.
Colors
Your selection sheets are your record of the paint and stain color names, numbers, and brands in
your home.
Exterior
Regular attention will preserve the beauty and value of your home. Check the painted and stained
surfaces of your home's exterior annually. Repaint before much chipping or wearing away of the
original finish occurs; this will save the cost of extensive surface preparation. Plan on refinishing
the exterior surface of your home approximately every two to three years or as often as your
paint manufacturer suggests for your area and climate. Climatic conditions control the chemical
structure of the paint used on the exterior. Over time, this finish will fade and dull a bit.
When you repaint the exterior of your home, begin by resetting popped nails and removing
blistered or peeling portions of paint with a wire brush or putty knife. Sand, spot with primer,
and then paint the entire area. Use a quality exterior paint formulated for local climate
conditions.
Avoid having sprinklers spray water on the exterior walls of your home. This will cause
blistering, peeling, splintering, and other damage to the home.
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Severe Weather
Hail and wind can cause a great deal of damage in a severe storm, so inspect the house after such
weather. Promptly report damage caused by severe weather to your insurance company. Please
note: Haubert Homes does not warrant repairs to damage caused by weather.
Stain
For minor interior stain touch-ups, a furniture-polish-and-stain treatment is inexpensive, easy to
use, and will blend in with the wood grain. Follow directions on the bottle.
Touch-Up
When doing paint touch-ups, use a small brush, applying paint only to the damaged spot.
Touch-up may not match the surrounding area exactly, even if the same paint mix is used. When
it is time to repaint a room, prepare the wall surfaces first by cleaning with a mild soap and water
mixture or a reliable cleaning product.
We provide samples of each paint used on your home. Store these with the lids tightly in place
and in a location where they are not subjected to extreme temperatures.
Wall Cracks
We suggest that you wait until after the first heating season to repair drywall cracks or other
separations due to shrinkage. See also Drywall.
Haubert Homes Limited Warranty Guidelines
During your orientation we will confirm that all painted or stained surfaces are in acceptable
condition. Haubert Homes will touch up paint as indicated on the orientation list. You are
responsible for all subsequent touch-up, except painting we perform as part of another warranty
repair.
Cracking
As it ages, exterior wood trim will develop minor cracks and raised grain. Much of this will
occur during the first year. Raised grain permits moisture to get under the paint and can result in
peeling. This is not a defect in materials or workmanship. Paint maintenance of wood trim and
gutters is your responsibility.
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Fading
Expect fading of exterior paint or stain due to the effects of sun and weather. Haubert Homes
limited warranty excludes this occurrence.
Touch-Up Visible
Paint touch-up is visible under certain lighting conditions.
Wood Grain
Due to wood characteristics, color variations will result when stain is applied to wood. This is
natural and requires no repair. Today's water-base paints often make wood grain visible on
painted trim. Flaubert Homes does not provide corrections for this condition.
Phone Jacks
Homeowner Use and Maintenance Guidelines
Your home is equipped with telephone jacks as shown on the blueprints and selection sheets.
Initiating phone service, additions to phone service, and moving phone outlets for decorating
purposes or convenience are your responsibility.
Haubert Homes Limited Warranty Guidelines
Haubert Homes will correct outlets positioned so that a phone cannot be installed due to a
cabinet or countertop that is part of the original home.
Haubert Homes will repair wiring that does not perform as intended from the phone service box
into the home. From the service box outward, care of the wiring is the responsibility of the local
telephone service company.
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Plumbing
Homeowner Use and Maintenance Guidelines
We want to draw your attention to a water-saving regulation that went into effect in 1993, which
prohibits the manufacture of toilets that use more than 1.6 gallons of water per flush. In the
search for a balance among comfort, convenience, and sensible use of natural resources, the
government conducted several studies. The 1.6-gallon toilet turned out to be the size that overall
consistently saves water.
As a result of implementing this standard, flushing twice is occasionally necessary to completely
empty the toilet bowl. Even though you flush twice on occasion, rest assured that overall you are
saving water and we have complied with the law. Similarly, flow restrictors are manufactured
into most faucets and all showerheads and cannot be removed. We apologize for any
inconvenience this may cause.
Aerators
Even though your plumbing lines have been flushed to remove dirt and foreign matter, small
amounts of minerals may enter the line. Aerators on the faucets strain much of this from your
water. Minerals caught in these aerators may cause the faucets to drip because washers wear
more rapidly when they come in contact with foreign matter.
See also Dripping Faucet.
Basement Construction
If you perform any construction in your basement, ensure that the plumbing lines in the basement
or crawl space are not isolated from the heating source without insulation being added.
Cleaning
Follow manufacturer's directions for cleaning fixtures. Avoid abrasive cleansers. They remove
the shiny finish and leave behind a porous surface that is difficult to keep clean. Clean plumbing
fixtures with a soft sponge and soapy water (a nonabrasive cleaner or a liquid detergent is usually
recommended by manufacturers). Then polish the fixtures with a dry cloth to prevent water
spots. Care for brass fixtures with a good-quality brass cleaner, available at most hardware
stores.
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Clogs
The main causes of toilet clogs are domestic items such as disposable diapers, excessive amounts
of toilet paper, sanitary supplies, Q-tips, dental floss, and children's toys. Improper garbage
disposal use also causes many plumbing clogs. Always use plenty of cold water when running
the disposal. This recommendation also applies to grease; supplied with a steady flow of cold
water, the grease congeals and is cut up by the blades. If you use hot water, the grease remains a
liquid, then cools and solidifies in the sewer line. Allow the water to run 10 to 15 seconds after
shutting off the disposal.
You can usually clear clogged traps with a plumber's helper (plunger). If you use chemical
agents, follow directions carefully to avoid personal injury or damage to the fixtures.
Clean a plunger drain stopper-usually found in bathroom sinks-by loosening the nut under the
sink at the back, pulling out the rod attached to the plunger, and lifting the stopper. Clean and
return the mechanism to its original position.
Dripping Faucet
You can repair a dripping faucet by shutting off the water at the valve directly under the sink,
then removing the faucet stem, changing the washer, and reinstalling the faucet stem. The
showerhead is repaired the same way. Replace the washer with another of the same type and
size. You can minimize the frequency of this repair by remembering not to turn faucets off with
excessive force. (Please note that some manufacturers do not use rubber washers.)
Extended Absence
If you plan to be away for an extended period, you should drain your water supply lines. To do
this, shut off the main supply line and open the fLicets to relieve pressure in the lines. You may
also wish to shut off the water heater. Do this by turning off the cold water supply valve on top
and the gas control at the bottom. Drain the tank by running a hose from the spigot on the bottom
to the basement floor drain. If you leave the tank full, keep the pilot on and set the temperature to
its lowest or "vacation" setting. Check manufacturer's directions for additional hints and
instructions.
Freezing Pipes
Provided the home is heated at a normal level, pipes should not freeze at temperatures above
0 degrees F. Set the heat at 65 degrees F if you are away during winter months. Keep garage
doors closed to protect plumbing lines running through this area from freezing temperatures.
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In unusually frigid weather or if you will be gone more than a day or two, open cabinet doors to
allow warm air to circulate around pipes. Use an ordinary hair dryer to thaw pipes that are
frozen. Never use an open flame.
Gold or Brass Finish
Avoid using any abrasive cleaners on gold or antique brass fixtures. Use only mild detergent and
water or a cleaning product recommended by the manufacturer.
Laundry Tub
If you have a laundry room tub, the faucet does not have an aerator. This is to allow the tub
faucet to accept a hose connection.
Leaks
If a major plumbing leak occurs, the first step is to turn off the supply of water to the area
involved. This may mean shutting off the water to the entire home. Then contact the appropriate
contractor.
Low Pressure
Occasional cleaning of the aerators on your faucets (normally every three to four months) will
allow proper flow of water. The water department controls the overall water pressure.
Marble or Manufactured Marble
Marble and manufactured marble will not chip as readily as porcelain enamel but can be
damaged by a sharp blow. Avoid abrasive cleansers or razor blades on manufactured marble;
both damage the surface. Always mix hot and cold water at manufactured marble sinks; running
only hot water can damage the sink.
Outside Faucets
Outside faucets are freeze-proof, but in order for this feature to be effective, you must remove
hoses during cold weather, even if the faucet is located in your garage. If a hose is left attached,
the water that remains in the hose can freeze and expand back into the pipe, causing a break in
the line.
Repair of a broken line that feeds an exterior faucet is a maintenance item. Note that Haubert
Homes does not warrant sillcocks against freezing.
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Porcelain
You can damage porcelain enamel with a sharp blow from a heavy object or by scratching. Do
not stand in the bathtub wearing shoes unless you have placed a protective layer of newspaper
over the bottom of the tub. If you splatter paint onto the porcelain enamel surfaces during
redecorating, wipe it up immediately. If a spot dries before you notice it, use a recommended
solvent.
Running Toilet
To stop running water, check the shut-off float in the tank. You will most likely find it has lifted
too high in the tank, preventing the valve from shutting off completely. In this case, gently bend
the float rod down until it stops the water at the correct level. The float should be free and not
rub the side of the tank or any other pats. Also check the chain on the flush handle. If it is too
tight, it will prevent the rubber stopper at the bottom of the tank from sealing, resulting in
running water.
Shut-Offs
Your main water shut-off is located near your meter. You use this shut-off for major water
emergencies such as a water line break or when you install a sprinkler system or build an
addition to your home. Each toilet has a shut-off on the water line under the tank. Hot and cold
shut-offs for each sink are on the water lines under the sink.
Sprinklers
You should routinely inspect sprinkler heads and provide seasonal service to maintain proper
functioning.
Stainless Steel
Clean stainless steel sinks with soap and water to preserve their luster. Avoid abrasive cleaners;
these will damage the finish. An occasional cleaning with a good stainless steel cleaner will
enhance the finish. Avoid leaving produce on a stainless steel surface, since prolonged contact
with produce can stain the finish.
Tank Care
Avoid exposing the toilet to blows from sharp or heavy objects, which can cause chipping or
cracking. Avoid abnormal pressures against the sides of the tank. It is possible to crack the tank
at the points where it is attached to the bowl.
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Haubert Homes Limited Warranty Guidelines
During the orientation we will confirm that all plumbing fixtures are in acceptable condition and
that all faucets and drains operate freely. Haubert Homes will correct clogged drains that occur
during the first 30 days after closing. If a household item is removed from a clogged drain during
this time, we will bill you for the drain service. After the first 30 days, you are responsible for
correcting clogged drains.
Cosmetic Damage
Haubert Homes will correct any fixture damage noted on the orientation list. Repairing chips,
scratches, or other surface damage noted subsequent to the orientation list is your responsibility.
Exterior Faucets
Haubert Homes will repair leaks at exterior faucets noted on the orientation list. Subsequent to
orientation, repair of a broken line to an exterior faucet is your responsibility.
Freezing Pipes
Provided the home is heated at a normal level, pipes should not freeze. Set heat at 65 degrees F if
you are away during winter months. Keep garage doors closed to protect plumbing lines that run
through this area.
Leaks
Haubert Homes will repair leaks in the plumbing system. If a plumbing leak caused by a
warranted item results in drywall or floor covering damage, Haubert Homes will repair or
replace items that were part of the home as originally purchased. We do not make adjustments
for secondary damages (for example, damage to wallpaper, drapes, and personal belongings).
Insurance should cover these items.
Noise
Changes in temperature or the flow of the water itself will cause some noise in the pipes.
This is normal and requires no repair. Haubert Homes will repair persistent water hammer.
Expect temperatures to vary if water is used in more than one location in the home.
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Supply
Haubert Homes will correct construction conditions that disrupt the supply of water to your
home.
Resilient Flooring
Homeowner Use and Maintenance Guidelines
Although resilient floors are designed for minimum care, they do have maintenance needs.
Follow any manufacturer's specific recommendations for care and cleaning. Some resilient floors
require regular application of a good floor finish. This assures you of retaining a high gloss.
However, avoid using cleaning or finishing agents on the new floor until the adhesive has
thoroughly set. This will take about five days.
Color and Pattern
Your color selection sheets provide a record of the brand, style, and color of floor coverings in
your home. Please retain this information for future reference.
Limit Water
Wipe up spills and vacuum crumbs instead of washing resilient floors frequently with water.
Limit mopping or washing with water; excessive amounts of water on resilient floors can
penetrate seams and get under edges, causing the material to lift and curl.
Moving Furniture
Moving appliances across resilient floor covering can result in tears and wrinkles. Install coasters
on furniture legs to prevent permanent damage. If you damage the resilient floor, you can have it
successfully patched by professionals. We leave any remnants of floor covering materials for this
reason. We recommend protecting the resilient flooring with wood panels whenever heavy
objects are moved across it.
No Wax
The resilient flooring installed in your home is the no-wax type. No-wax means a clear, tough
coating that provides both a shiny appearance and a durable surface. However, even this surface
will scuff or mark. Follow the manufacturer's recommendations for maintaining the finish.
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Raised Nail Heads
Raised nail heads are the result of movements of the floor joist caused by natural shrinkage and
deflection. We have used special nails and glued the underlayment to help minimize this
movement. If a nail head becomes visible through resilient flooring, place a block of wood over
it and hit the block with a hammer to reset the nail.
Seams
Seams can lift or curl if excessive moisture is allowed to penetrate them. You can use a special
caulking at tub or floor joints to seal seams at those locations. Avoid getting large amounts of
water on the floor from baths and showers.
Haubert Homes Limited Warranty Guidelines
We will confirm that resilient floor covering is in acceptable condition during your orientation.
Haubert Homes limited warranty does not cover damage to resilient floors caused by moving
furniture or appliances into the home. We can assist you in contacting professionals who can
repair such damage if it occurs in your home. Haubert Homes is not responsible for discontinued
selections.
Adhesion
Resilient floor covering should adhere. Haubert Homes will repair lifting or bubbling and nail
pops that appear on the surface.
Ridges
Haubert Homes has sanded and filled the joints of underlayment to minimize the possibility of
ridges showing through resilient floor coverings. Ridging is measured by centering a 6-inch
straight edge perpendicular to the ridge with one end tight to the floor. If the opposite end of the
straight edge is 1 /8 inch or more from the floor, Haubert Homes will repair this condition.
Seams
Seams will occur and are sealed at the time of installation. Haubert Homes will correct gaps in
excess of 1/16 inch where resilient flooring pieces meet or 1/8 inch where resilient flooring
meets another material. Haubert Homes will correct curling at seams unless caused by excessive
water.
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Roof
Homeowner Use and Maintenance Guidelines
The shingles on your roof do not require any treatment or sealer.
Clean Gutters
Maintain the gutters and downspouts so that they are free of debris and able to quickly drain
precipitation from the roof.
Leaks
If a leak occurs, try to detect the exact location. This will greatly simplify finding the area that
requires repair when the roof is dry.
Limit Walking
Limit walking on your roof. Your weight and movement can loosen the roofing material and in
turn result in leaks.
Never walk on the roof of your home when the shingles are wet-they are slippery. Walking
on the roof in extreme heat could mar the shingle surface.
Severe Weather
After severe storms, do a visual inspection of the roof for damages. Notify your insurance
company if you find pieces of shingle in the yard or shingle edges lifted on the roof.
Haubert Homes Limited Warrunty Guidelines
Haubert Homes will repair roof leaks other than those caused by severe weather, such as hail
.damage, storm winds in excess of 50 mph or some action you have taken, such as walking on the
roof. Roof repairs are made only when the roof is dry.
Ice Build-Up
Ice build-up may develop in the eaves during extended periods of cold and snow. Damage that
results from this is excluded from warranty coverage. Your insurance may cover this damage.
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Inclement Weather
Storm damage is excluded from warranty coverage. Notify your homeowner insurance company
if storm damage is discovered.
Rough Carpentry
Haubert Homes Limited Warranty Guidelines
Some floor and stair squeaks are unavoidable. Although Haubert Homes does not warrant against
floor squeaks, a reasonable effort will be made to correct them.
Floor Deflection
Floors will deflect (bend) when walked on. This will be more noticeable next to hutches,
bookcases, pianos, chairs, and other heavy furniture. This is not a structural deficiency and
Haubert Homes will take no action for this occurrence.
Floor Level
Floors will be level to within 1/4 inch within any 32-inch distance as measured perpendicular to
any ridge or indentation. Haubert Homes will correct floor slope that exceeds 1/240 of the room.
Plumb Walls
Haubert Homes will correct walls that are out of plumb more than 1 /2 inch in an 8-foot distance
or walls that are bowed more than 1/4 inch in any 32-inch measurement.
Siding
Homeowner Use and Maintenance Guidelines
Siding expands and contracts in response to changes in humidity and temperature. Slight waves
are visible in siding under certain weather conditions; this cannot be entirely eliminated.
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Haubert Homes Limited Warranty Guidelines
We will correct any separation at joints or where siding meets another material if the separation
allows water to enter the home. Haubert Homes will correct delaminating siding.
Smoke Detectors
Homeowner Use and Maintenance Guidelines
Read the manufacturer's manual for detailed information on the care of your smoke detectors.
Cleaning
For your safety, clean each smoke detector monthly to prevent a false alarm or lack of response
in a fire. After cleaning, push the test button to confirm the alarm is working.
Haubert Homes Limited Warranty Guidelines
Haubert Homes does not represent that the smoke detectors will provide the protection for which
they are installed or intended. We will test smoke detectors during the orientation to confirm that
they are working and to familiarize you with the alarm. You are responsible for obtaining fire
insurance.
Stairs
Homeowner Use and Maintenance Guidelines
No known method of installation prevents all vibration or squeaks in a staircase. A shrinkage
crack will develop where the stairs meet the wall. When this occurs, apply a thin bead of latex
caulk and, when dry, touch up with paint.
Haubert Homes Limited Warranty Guidelines
Although Haubert Homes does not warrant against stair vibration and squeaks, a reasonable
effort will be made to correct them.
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Ventilation
Homeowner Use and Maintenance Guidelines
Homes today are built more tightly than ever. This saves energy dollars but creates a potential
concern. Condensation, cooking odors, indoor pollutants, radon, and carbon monoxide may all
accumulate. We provide mechanical and passive methods for ventilating homes. Your attention
to ventilation is important to health and safety.
Building codes require attic and crawl space vents to minimize accumulation of moisture. Attic
ventilation occurs through vents in the soffit (the underside of the overhangs) or on gable ends.
Driving rain or snow sometimes enters the attic through these vents. Do not cover them to
prevent this. Instead, cover the insulation in front of the vent. When you do this, precipitation
that blows in safely evaporates and ventilation can still occur.
Homes with crawl spaces usually include two or more vents. Open crawl space vents for summer
months and close them for winter months, pulling insulation over them. Failure to close these
vents and replace insulation may result in plumbing lines freezing in the crawl space. This
occurrence is not covered by your warranty.
Your daily habits can help keep your home well ventilated:
? Do not cover or interfere in any way with the fresh air supply to your furnace.
? Develop the habit of running the hood fan when you are cooking.
? Run the bath fans when bathrooms are in use.
? Air your house by opening windows for a time when weather permits.
Proper ventilation will prevent excessive moisture from forming on the inside of the windows.
This helps reduce cleaning chores considerably.
Haubert Homes Limited Warranty Guidelines
Haubert Homes warranty guidelines for active components (for example, exhaust fans) are
discussed under the appropriate headings (such as electrical systems, heating system, and so on).
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Waterproofing
Homeowner Use and Maintenance Guidelines
We spray your foundation walls with a specially formulated clear penetrating sealer designed for
the environmental requirements of the dampproofing industry. Although we make every effort to
assure a dry basement, during times of excessive moisture, you may notice some dampness. Over
time, natural compaction of soils in the backfill areas will usually eliminate this condition.
Careful maintenance of positive drainage will also protect your basement from this condition.
Haubert Homes Limited Warranty Guidelines
Haubert Homes will correct conditions that allow actual water to enter the basement unless the
cause is improper installation of landscaping by buyer or failure to adequately maintain drainage.
Windows, Screens, and Patio Doors
Homeowner Use and Maintenance Guidelines
Contact a glass company for reglazing of any windows that break. Glass is difficult to install
without special tools.
Cleaning
Clean interior surfaces with warm, clear water. Do not use powdered cleaner. Use a dry silicone
lubricant to clean tracks. Clean glass as needed with vinegar and water, a commercial glass
cleaner, or the product recommended by the window manufacturer.
Condensation
Condensation on interior surfaces of the window and frame is the result of high humidity within
the home and low outside temperatures. Your family's lifestyle controls the humidity level
within your home. If your home includes a humidifier, closely observe the manufacturer's
directions for its use.
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Door Locks
Acquaint yourself with the operation of patio door hardware for maximum security.
Door Tracks
Keep patio door tracks clean for smooth operation and to prevent damage to the door frame. Dry
film silicone lubricants (such as a Teflon spray) work well for these tracks.
Invisible Glass
Under certain lighting conditions, door glass may be hard to see. If you keep the screen fully
closed when the glass door is open, your family will be accustomed to opening something before
going through.
Sticking Windows
Most sliding windows (both vertical and horizontal) are designed for a 10-pound pull. If sticking
occurs or excessive pressure is required to open or close a window, apply a dry film silicone
lubricant. This is available at hardware stores. Avoid petroleum-based products.
Storing Screens
Many homeowners remove and store screens for the winter to allow more light into the home. To
make re-installation more convenient, label each screen as you remove it. Use caution: screens
perforate easily and the frames bend if they are not handled with care.
Weep Holes
In heavy rains, water may collect in the bottom channel of window frames. Weep holes are
provided to allow excess water to escape to the outside. Keep the bottom window channels and
weep holes free of dirt and debris for proper operation.
Haubert Homes Limited Warranty Guidelines
We will confirm that all windows and screens are in acceptable condition during the orientation.
Haubert Homes will repair or replace broken windows or damaged screens noted on the
orientation list. Windows should operate with reasonable ease and locks should perform as
designed.
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Condensation
Condensation on interior surfaces of the window and frame is the result of high humidity within
the home and low outside temperatures. You influence the humidity level within your home;
Haubert Homes provides no corrective measure for this condition. We can provide, at no cost,
literature, as well as videotape, to help you address condensation concerns.
Condensation that accumulates between the panes of glass in dual-glazed windows indicates a
broken seal. Haubert Homes will replace the window if this occurs during the warranty period.
Infiltration
Some air and dust will infiltrate around windows, especially before the installation of
landscaping in the general area. Haubert Homes warranty excludes this occurrence.
Scratches
Haubert Homes confirms that all window glass is in acceptable condition at the orientation.
Minor scratches on windows can result from delivery, handling, and other construction activities.
Haubert Homes will replace windows that have scratches readily visible from a distance of 4
feet. Haubert Homes does not replace windows that have scratches visible only under certain
lighting conditions.
Tinting
If you add tinting to dual-glazed windows, all warranties are voided. Damage can result from
condensation or excessive heat build-up between the panes of glass. Refer to the manufacturer's
literature for additional information.
See also Ventilation.
Wood Trim
Homeowner Use and Maintenance Guidelines
Shrinkage of wood trim occurs during the first two years or longer, depending on temperature
and humidity. All lumber is more vulnerable to shrinkage during the heating season. Maintaining
a moderate and stable temperature helps to minimize the effects of shrinkage. Wood will shrink
less lengthwise than across the grain. Wood shrinkage can result in separation at joints of trim
pieces. You can usually correct this with caulking and touch-up painting.
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Shrinkage may also cause a piece of trim to pull away from the wall. If this occurs, drive in
another nail close to, but not exactly in, the existing nail hole. Fill the old nail hole with putty
and touch up with paint as needed. If the base shoe (small trim between base molding and the
floor) appears to be lifting from the floor, this is probably due to slight shrinkage of the floor
joists below.
Again, you can correct this condition by removing the old nails and renailing. You may prefer to
wait until after the first heating season to make any needed repairs at one time when
redecorating.
See also Expansion and Contraction.
Haubert Homes Limited Warrrinty Guidelines
During the orientation we will confirm that wood trim is in acceptable condition. Minor
imperfections in wood materials will be visible and will require no action. Haubert Homes will
correct readily noticeable construction damage such as chips and gouges listed during the
orientation.
Exterior
Haubert Homes will caulk and apply touch-up paint to cracks in exterior trim components that
exceed 3/16 inch. We provide this repair one time only near the end of the first year. Paint or
stain touch-up will not match. We will correct any separation at joints that allows water to enter
the home.
Raised Grain
Because of the effects of weather on natural wood, you should expect raised grain to develop.
This is normal and not a defect in the wood or paint. Warranty coverage excludes this condition.
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Warranty Service Request
_60-Day List
1 l-Month List
-Emergency Follow-up
Other
With the exception of specified emergencies, all requests for service must be in writing. Please
use this form to notify us of warranty items. Mail or fax this to the Haubert Homes office. We
will contact you to set an inspection appointment. Service appointments are available during
regular business hours. Thank you for your cooperation.
Name Date
Address Community
Phone/Home
Phone/Work
Phone/Work Closing Date
Service Requested Service Action (For Office Use Only )
Comments
Homeowner's Signature
78
OTES
14
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SPECIAL INFORMATION ABOUT YOUR HOME '
Trade Name & Address Phone Number
Septic System Installer
Well Driller
Well Pump Installer Well Depth:
Plumbing Subcontractor
Electrical Subcontractor
Heating Subcontractor
Overhead Door Subcontractor
AuBiRl
OASr-tc--.
for
VERIFICATION
I, JENNIFER A. YANKANICH, ESQUIRE, counsel for Haubert Homes, Inc., hereby
verify that the facts set forth in the foregoing document are true and correct to the best of my
knowledge, information and belief. I base my knowledge, information, and belief solely upon
the information provided by my client, Haubert Homes, Inc. I have been authorized to make this
verification on Haubert Homes, Inc.'s behalf. Haubert Homes, Inc.'s Verification will be
substituted with the Court upon receipt of same.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904, relating to unworn falsification to authorities.
DATE: July 19, 2006
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing DEFENDANT HAUBERT HOMES,
INC.'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT upon the persons
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Philip H. Spare, Esquire
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Attorneys for Plaintiff
METTE, EVANS & WOODSIDE
By:
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Defendant,
Flaubert Homes, Inc.
DATE: July 20, 2006
451861v1
3401 North Front Street
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
1505 Inverness Drive
Mechanicsburg, PA 17055,
Plaintiffs
V.
HAUBERT HOMES, INC.
15 Central Boulevard
Camp Hill, PA 17011,
Defendant
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' ANSWER TO
NEW MATTER
35. Paragraphs I through 34 of Plaintiffs' Complaint are incorporated herein by
reference.
36. Paragraphs 1 through 34 of Plaintiffs' Complaint are incorporated herein by
reference. Defendant's affirmative defenses are denied.
37. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
It is denied that Plaintiffs' Complaint fails to state a claim upon which relief can be granted.
38. Admitted.
39. Admitted in part and denied in part. It is admitted that Defendant has quoted from
Section 6.2 of the Residential Construction Agreement ("Agreement"). It is denied the
Agreement effectively waived Plaintiffs' rights to the implied warranty or that the purported
limited warranty in the Agreement limits their rights to pursue the implied warranty for latent
defects.
40. Admitted. By way of further response it is averred that the one year limited
warranty does not preclude Plaintiffs from pursuing their rights under an implied warranty for
latent defects.
41. Admitted. By way of further response it is averred that the one year limited
warranty does not preclude Plaintiffs from pursuing their rights under an implied warranty for
latent defects.
42. Admitted. By way of further response it is averred that the reporting requirements
of Defendant's one year limited warranty do not preclude Plaintiffs from pursuing their rights
under an implied warranty for latent defects.
43. After reasonable investigation, Plaintiffs lacks knowledge or information
sufficient to form a belief as to the truth of the averments in this paragraph and, accordingly, they
are denied. By way of further response, Plaintiffs aver that they did not contact Defendant prior
to August 26, 2004 regarding the latent defects in their home.
44. After reasonable investigation, Plaintiffs lacks knowledge or information
sufficient to form a belief as to the truth of the averments in this paragraph and, accordingly, they
are denied. By way of further response, Plaintiffs aver that their counsel contacted Haubert
Homes Inc. in early 2005 seeking warranty information.
45. Admitted.
46. Admitted. By way of further response it is averred that the reporting requirements
of Haubert's one year limited warranty do not preclude Plaintiffs from pursuing their rights
under an implied warranty for latent defects.
47. Admitted. By way of further response it is averred that Haubert's one year limited
warranty does not preclude Plaintiffs from pursuing their rights under an implied warranty for
latent defects.
48. Admitted. By way of further response it is averred that Haubert's one year limited
warranty does not preclude Plaintiffs from pursuing their rights under an implied warranty for
latent defects.
49. Denied. It is denied that it was Plaintiffs' responsibility to inspect the grouting
and caulking around the shower in the master bedroom and notify Haubert Homes within the one
year limited warranty period. It denied that Plaintiffs' claim are barred by the contract documents
or by Plaintiffs' actions.
50. Admitted. By way of further response, it is averred that following the ceramic tile
directions in the Homeowner Manual would not have prevented the latent defects in the master
bedroom plumbing from causing damage to Plaintiffs' home.
51. Admitted. By way of further response, it is averred that following the ceramic tile
directions in the Homeowner Manual would not have prevented the latent defects in the master
bedroom plumbing from causing damage to Plaintiffs' home.
52. Admitted. By way of further response, it is averred that periodic inspection and
repair of grouting and/or caulking would not have prevented the latent defects in the master
bedroom plumbing from causing damage to Plaintiffs' home.
53. Denied. It is denied that the leaks experienced by Plaintiffs was not due to faulty
construction and denied that the leaks were due to improper homeowner maintenance.
54. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
55. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
56. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
57. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
58. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
59. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
60. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
61. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
62. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
63. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
64. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
65. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
66. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
67. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
68. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
69. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
70. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
71. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
72. Denied. The allegations in this paragraph are conclusions of law to which no
responses are required. To the extent those allegations are deemed to be factual, they are denied.
73. Paragraph 73 requires no response. Plaintiffs would welcome a jury trial on any
issues the Court determines are triable.
STOCK AND LEADER
By:
Philip . Spare, Esquire
Supreme Court I.D. #65200
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Telephone: (717) 846-9800
Fax: (717) 843-6134
Attorney for Plaintiffs
VERIFICATION
We, Susan Moran and Patrick Moran, verify that the statements made in the
foregoing Plaintiffs' Answer to New Matter are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unworn falsification to authorities.
Date
Date
S wsan Moran
7-
atric Moran
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
1505 Inverness Drive
Mechanicsburg, PA 17055,
Plaintiffs
V.
HAUBERT HOMES, INC.
15 Central Boulevard
Camp Hill, PA 17011,
Defendant
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 15ei day of August, 2006, I, Philip H. Spare, Esquire, of the law
firm of Stock and Leader, attorneys for Plaintiffs, hereby certify that I served the within
PLAINTIFFS' ANSWER TO NEW MATTER by depositing same in the United States
mail, first-class, postage prepaid, in York, Pennsylvania addressed to:
Haubert Homes, Inc.
15 Central Boulevard
Camp Hill, PA 17011
STOCK AND LEADER
By: 949?:4
Philip A. Spare, Esquire
Supreme Court I.D. #65200
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Telephone: (717) 846-9800
Fax: (717) 843-6134
Attorney for Plaintiffs
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SUSAN and PATRICK MORAN,
plaintiffs
vs.
HAUBERT HOMES, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SUBSTITUTE VERIFICATION
TO: PROTHONOTARY
Please substitute the attached Verification for the Attorney's Verification that was
previously filed with Defendant's Answer with New Matter to Plaintiffs' Complaint, which was
filed on July 20, 2006.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: jj- 1A
ire
Jenn A. Y ankh, f4201
S r e Co LD. 3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717)232-5000
Attorneys for Defendant
DATED: August 16, 2006
VERIFICATION
I, Brad Haubert, as ? of Haubert Homes, Inc., hereby verify and state
that the facts set forth in the foregoing document are true and correct to the best of my
knowledge, information, and belief. I understand that false statements contained herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 rel 'ng to "7 do authorities.
Haubert Homes, Inc. -:J
-
CERTIFICATE OF SERVICE
I certify that on the date stated below, the foregoing document was served on the person
named below by placing the same in the United States Mail, postage prepaid, addressed as
follows, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
Philip H. Spare, Esquire
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Attorneys for Plaintiff
METTE, EVANS & WOODSIDE
By:
Attorneys for Defendant
DATED: August 16, 2006
4543320
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717)232-5000
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03580 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORAN SUSAN ET AL
VS
HAUBERT HOMES INC
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HAUBERT HOMES INC
the
DEFENDANT , at 1503:00 HOURS, on the 28th day of June 2006
at 15 CENTRAL BOULEVARD
CAMP HILL, PA 17011 by handing to
TAMMY SPEICHER, OFFICE CLERK, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
11.44 So Answers:
ig"L=`!! ."?
.39
10.00
n^ R. Thomas Kline
J J . V JAI
/0 el
Sworn and Subscibed to
before me this day
06/29/2006
STOCK & LEADER
By : /0? ? .-
Deputy Sheriff
of A. D.
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
1505 Inverness Drive
Mechanicsburg, PA 17050,
Plaintiffs
V.
HAUBERT HOMES, INC.
15 Central Boulevard
Camp Hill, PA 17011,
Defendant
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Philip H Spare , counsel for the plaintiff/defendant in the above action
(or actions), respectfully represents that:
The above-captioned action (or actions) is (are) at issue.
The claim of plaintiff in the action is $9,037.20 (plus claim for treble damages and
attorneys' fees not to exceed $35,000.00.
The counterclaim of the defendant in the action is $0.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators:
Richard C Snelbaker Keith O Brenneman and attorneys from Martson Law Offices in Carlisle. _
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Respectfully submitted,
STOCK AND LEADER
Date: July 2007 By: -
Philip H. Spare, Esquire
Supreme Court I.D. #65200
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Telephone: (717) 846-9800
Fax: (717) 843-6134
Attorney for Plaintiffs
Y ? -rt
CD
f ,
CERTIFICATE OF SERVICE
V
AND NOW, this _r day of July 2007, I, Philip H. Spare, Esquire, of the law firm of Stock
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN NO. 06-3580 CIVIL TERM
1505 Inverness Drive
Mechanicsburg, PA 17050,
Plaintiffs
V.
CIVIL ACTION - LAW
HAUBERT HOMES, INC.
15 Central Boulevard
Camp Hill, PA 17011,
Defendant JURY TRIAL DEMANDED
and Leader, attorneys for Plaintiffs, hereby certify that I served the within Petition for Appointment of
Arbitrators by depositing same in the United States mail, first-class, postage prepaid, in York,
Pennsylvania addressed to:
Jennifer A. Yankanich, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
STOCK AND LEADER
By: V L
Philip . Spare, Esquire
Supreme Court I.D. #65200
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Telephone: (717) 846-9800
Fax: (717) 843-6134
Attorney for Plaintiffs
r, . , •
ORDER OF COURT
AN NOW, 13
petition,
Esq., and `
captioned action (or actio>) as prayed for.
200? , in consideration of the regoing
Esq., and `QIZ, , ?
Esq., are appointed arbitrators in the above
B th Co rt,
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SUSAN MORAN, ET AL.,
PLAINTIFFS
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
HAUBER HOMES, INC.,
DEFENDANT
06-3580 CIVIL TERM
ORDER OF COURT
AND NOW, this q?? - day of August, 2007, the appointment of R.
Mark Thomas, Esquire, as chairman on the Board of Arbitrators in the above-captioned
case, IS VACATED. William C. Costopoulos, Esquire, is appointed in his place.
By theSoGrt,
Edgar B. Bayley,
/William C. Costopoulos, Esquire
Court Administrator
sal m6i lei
C?
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t3 - iE- Oct C1-
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C-j
DION, ROSENAU, SMITH, MENSZAK & AARON
BY: DOUGLAS G. AARON, ESQUIRE
ATTORNEY I.D.: 54058 Attorney for Plaintiff(s)
SUITE 900 -1628 JFK BOULEVARD
PHILADELPHIA, PA 19103
TELEPHONE: (215) 561 7000
SUSAN MORAN &
PATRICK MORAN
VS.
HAUBERT HOMES. INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 06-3580
ENTRY OF APPEARANCE
Kindly enter my appearance as co-counsel on behalf of the Plaintiffs, Susan
Moran and Patrick Moran in the above-captioned matter.
DION, RO$ENA?T, SMITH,14ENSZAK & AARON
BY:
U l
J n
t ME
#I`
SUSAN MORAN, ET AL.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
HAUBERT HOMES, INC.,
DEFENDANT
06-3580 CIVIL TERM
ORDER OF COURT
AND NOW, this day of October, 2007, the appointment of a
Board of Arbitrators in the above-captioned case, IS VACATED. William Costopoulos,
Esquire, Chairman, shall be paid the sum of $50.00.
William C. Costopoulos, Esquire
Court Administrator
.. Edgar B. Bayley, J.
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AIV an d `r'?TR IC k m a2aN
Plaintiff
A&l E T nmes, No
Defendant
We do solemnly swear (or affirm) that we
States and the Constitution of this Commc
wi delity.
Signature ignat
W, 11i0 m 0 - Cosa 01AI s
Name (Chairman)
Cp 0 6 IUS ?= t'1 Q.I?s
Law F
LI mar 160 S'Ift e+
Address
?tm ne- -PA 110 3
City, Zip
In The Court of Common Pleas of Cumberland
C+ 1 m
County, Penns vania No.Q?_- 3 5 8'0
Civil Action - Law.
Oath
'.1 support, ob and defend the Constitution of the United
anat a wi discharge the duties of our office
/??ahuc ?ndc?ws
Name
(?Q O I i S ?cQP? ?LY ?
Law?F m"
Address
C.-7 P; )l PA
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and s
following award: (Note: If damages for delay are awarded,
Gi4 f - t
ignature
Lin dso of rd,
Name
Law Firm
Address
V
( G--> //vl , P-1, I i 3
City, zip
i (or affirmed), make the
shall be separately stated.)
Date of Hearing: 3 ?M I b
Date of Award: 33// /^, i 1 09
Notice of Entry of A
Now, the 13 ** day of k4o rnh , 20 OL_, at
entered upon the docket and notice thereof given by mail to the
Arbitrators' compensation to be paid upon appeal: $ 350 . °O
By:
ro onotary
dissents. (Insert name if applicable.)
fm-' Tif
(Chairman)
of
8___, j.M., the above award was
or their attorneys.
Deputy
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( -TkrL c - '-t l.c,vS li c, a{ --{ -•}' wo d-)
Pa;O
lop ESP,
Philip lap
jer,n`fer A a' Aid
l.,Pies
a
10-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
Plaintiffs
V.
HAUBERT HOMES, INC.
Defendant
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiffs and against Defendant on the Arbitrators' Award
of March 11, 2008, a copy of which is attached hereto, in the amount of $3,200.00.
(XX) I certify that the foregoing assessment of damages is for specified amounts alleged to
be due in the complaint and is calculable as a sum certain from the complaint.
( ) Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify
that a copy of this praecipe has been mailed to each other party who has appeared in the action or to
his/her Attorney of Record.
( ) Pursuant to Pa. R.C.P. 237. 1, I certify that written notice of the intention to file this
praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her
Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the
filing of this praecipe and a copy of the notice is attached.
Date: a
Philip H. Spare, Esquire
Attorney for Plaintiffs
Susquehanna Commerce Center
East Building, 6th Floor
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
Supreme Court I.D. No. 65200
NOW, ?JLAW 020 , 2008 , JUDGMENT IS ENTERED AS ABOVE.
464/ 'U4P. cmq ors
thonotary / Clerk, vil Division
By:
Deputy
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G
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Plaintiff
?FFUREKT nMES. JNo
Defendant
We do solemnly swear (or affirm) that we
States and the Constitution of this Commc
wi delity.
Signature ignat
W I1ia.M L - Cos I-o?ou)
(/lName (Chairman)
v,-o ?oA6U ?U?, FMS r - t l ddb
Law Firm
J3I marj6e-q S?-tef
Address
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. t) ?,- 3 S S• 0 C, \/J (ec fn
Civil Action - Law.
Oath
1 support, ob and defend the Constitution of the United
e an at a will discharge the duties of our office
IAIC-kQ,- oc o0iS.<
Name
[-It ? o j . S j jj 154e
Law Firm
3 s1? -ro"'Atc- fj.
Address
LLL i' el
Signature ,
L/ j
Lin ds a i I. ?ai Pol
Name
Law Firm
Address
? rnalne. TA 11x13 co-POI PA
City, Zip city, zip City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
11
C .? r -
. Arbitrator, dissents. (Insert name if applicable.)
{? m sue.
Date of Hearing: "
(Chairman)
Date of Award: 1 09 A- J
Notice of Entry of A
Now, the 1,3 *- day of "&VC , , 20 p$_, at B: 5g, A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $__ 3SO. ' E!WCOPY
- R CORY
FRO
M TAMMY Wi`Pfi e'p,? j
k rl unia ?`V:t my fYa?-6'.3
anA the Of said rt at Carlisle, Pa.
By. +h
ro onotary e
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
Plaintiffs
V.
HAUBERT HOMES, INC.
Defendant
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF FILING JUDGMENT
(X) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you
in the amount of $3,200.00 on wlo8
(X) A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed.
A
othonotary Civil Divi n
By:
If you have any questions regarding this Notice, please contact the filing party:
Philip H. Spare, Esquire
STOCK AND LEADER
Susquehanna Commerce Center
East Building, 6th Floor
221 West Philadelphia Street
York, PA 17401-2994
(717) 846-9800
(This Notice is given in accordance with Pa.R.C.P. 236)
NOTICE SENT TO:
HAUBERT HOMES, INC. JENNIFER A. YANKANICH, ESQUIRE
15 CENTRAL BOULEVARD METTE, EVANS & WOODSIDE
CAMP HILL, PA 17011 3401 NORTH FRONT STREET
PO Box 5950
HARRISBURG, PA 17110-0950
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
Plaintiffs
V.
HAUBERT HOMES, INC.
Defendant
To the Prothonotary:
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO REMOVE
( XX ) Please mark the above captioned judgment settled and satisfied.
STOCK AND LEADER
By: 20 6?
Phili H. Spare, Esquire
Attorney for Plaintiff
Supreme Court No. 65200
Susquehanna Commerce Center
East Building, Suite 600
221 West Philadelphia Street
York, PA 17401
Dated: -7_ZZ-fK
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SUSAN and PATRICK MORAN
Plaintiffs
V.
HAUBERT HOMES, INC.
Defendant
NO. 06-3580 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this ZZIL06, day of July, 2008, I, Mary K. Ridings, Paralegal
for Philip H. Spare, Esquire, of the law firm of Stock and Leader, attorneys for Plaintiffs,
hereby certify that I served the within Praecipe to Remove by depositing same in the United
States mail, first-class, postage prepaid, in York, Pennsylvania addressed to:
Jennifer A. Yankanich, Esquire
Mette, Evans & Woodside
3401 North Front Street
PO Box 5950
Harrisburg, PA 17110-0950
STOCK AND LEADER
By:
Mary
Philip
for
SuprenNe-Court I.D. #65200
Susquehanna Commerce Center East
Suite 600
221 West Philadelphia Street
York, PA 17401
Telephone: (717) 846-9800
Fax: (717) 843-6134
Attorney for Plaintiffs
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