Conciliation of warranty complaints submitted by homeowners is one of the primary functions of Warranty Administration (WA). And from this, one of the most common inquiries WA receives from both parties is whose side we are on. The builder often feels 2-10 HBW should be on their side, and homeowners are often suspicious we will support the builder’s position and feel it should be them we are protecting. So, where does the answer lie?
Whose Side is 2-10 HBW On?
Simply put, WA and 2-10 HBW are on the side of the Warranty. As the Warranty Administrator, we are a neutral party, and speak to the specifics of a party’s argument only so far as the warranty contract allows us to do so. This is particularly true when questioned about the eligibility of an item and coverage. It is not up to WA to make coverage determinations. When asked, we direct the interested party to the warranty and assist them in determining if what is being observed is a deficiency according to the terms of the contract. The only definitive coverage answers WA will offer are regarding exclusions, and that is because the warranty contract expressly states as much.
Additionally, WA is charged with the education of the parties on the warranty provisions and process as a whole, which in terms of conciliating a complaint might include reminding them there is more to the contract and process than just the Construction Performance Guidelines.
Examples of this include:
- Explaining to the homeowner the method of repair is the builder’s discretion
- Explaining to the builder they cannot show up to the home without prior notice, and then argue they were not granted access if the homeowner is not there or is not in a position to let them in.
Also vital is WA’s role of educating the parties about binding arbitration as the final method of resolution for all Warranty disputes.