Warranty disclaimers; conditions; acknowledgment; default
Sec. 13. (a) A remodeler may disclaim all implied warranties only
if all of the following conditions are met:
(1) The warranties defined in this chapter are expressly
provided for in the home improvement contract between a
remodeler and an owner.
(2) The performance of the warranty obligations is guaranteed
by an insurance policy in an amount equal to the contract price
made under the home improvement contract.
(3) The remodeler carries completed operations products
liability insurance covering the remodeler's liability for
reasonably foreseeable consequential damages arising from a
defect covered by the warranties provided by the remodeler.
(b) The disclaimer must be printed in a minimum size of 10 point
boldface type setting forth that the warranties defined by this chapter
replace the implied warranties that have been disclaimed by the
remodeler. The owner must affirmatively acknowledge by complete
signature that the owner has read, understands, and voluntarily agrees
to the disclaimer.
(c) The owner must acknowledge the disclaimer of implied
warranties by signing, at the time of execution of the home
improvement contract, a separate one (1) page notice attached to the
home improvement contract that includes the following language:
"NOTICE OF WAIVER OF IMPLIED WARRANTIES
I recognize that by accepting the express warranties and the
insurance covering those warranties for the periods provided in
this home improvement contract, I am giving up the right to any
claims for implied warranties, which may be greater than the
express warranties. Implied warranties are unwritten warranties
relating to the reasonable expectations of a homeowner with
regard to the remodeling and home improvement of the
homeowner's home, as those reasonable expectations are
defined by the courts on a case by case basis.".
(d) If there is a default of the:
(1) insurance for the performance of the warranty obligations;
or
(2) completed operations products liability insurance;
the disclaimer by the remodeler is void.
As added by P.L.2-2002, SEC.12.
Last modified: May 24, 2006