Our 3-Year, No-Kidding, No-Nonsense,
Plain English Limited Warranty


StarCraft Custom Builders ("we") warrants and represents to our customer(s) ("you" whether one or more), the following:

We warrant that the work we have done for you will be free of defects in workmanship that are a result of our work for three (3) years from the date of its completion (stated in this document).

If a defect resulting from deficient workmanship appears during the term of this warranty, we will, at our sole option repair or replace the defect without cost to you in such a manner as to restore the defect to its original condition or as close to that condition as is reasonably possible under the circumstances.

It is our intention to protect you from only those defects caused by us and the contractors who work for us and not defects or damage caused by others or by circumstances not under our control. Consequently this warranty is subject to some exclusions and limitations as stated below.

Our warranty extends to you, our customer(s) and to any subsequent purchaser of the property on which the work was done, provided only that the propery continue to be used as an owner-occupied residence by the subsequent purchaser. The warranty may not be otherwise assigned, transfer, or pledged as security for any debt.

Conditions, Limitations and Exclusions
  1. Labor. Any labor provided by us or by independent contractors under our control and direction is warranted to be free from defects in workmanship for the warranty period.
  2. Materials:
    1. Lumber and Lumber Products. Lumber and lumber products supplied by us are warranted to be graded for the purpose for which it was used. If any defect occurs because the lumber selected was substandard in grade for the manner in which it was used, such defect is covered under this warranty. This warranty does not extend to defects of lumber such as warping, twisting, or other deflection, or failure of the lumber if the lumber was used in a manner consistent with its grading.
    2. Components Manufactured By Us. Cabinets, furnishings, and built-ins manufactured by us are covered under this warranty as to both materials and labor, whether or not such defect is also covered by any warranty extended by the manufacturer of the defective material. Cabinets, furnishing and built-ins manufactured by others but altered or modified by us are covered by this warranty only if a defect arises from the alteration or modification we have performed.
    3. Other Materials. This warranty does not extend to other materials, components, assemblies, fixtures, cabinets, engineered lumber, or devices supplied by us but manufactured by others. Defects of these materials may be covered in a warranty issued by the manufacturer. We will assist you in any reasonable manner in making a claim under a manufacturer's warranty, including providing any documentation as to the use of the materials, their installation date, and manner of installation; however, the primary responsibility for making any claim under a manufacturer's warranty rests on you.
  3. Exclusions:. This warranty does not extend to defects caused directly or indirectly by
    1. acts of God, including storms, wind, floods, and fire;
    2. war, terrorism, riot, insurrection, vandalism or other criminal acts;
    3. the actions or omissions of any person not under our direction and control, including deliberate actions, and those resulting from recklessness, negligence, misadventure or accident;
    4. failure to diligently follow recommended maintenance or upkeep procedures or practices;
    5. any normal wear and tear or degradation; fading or discoloration of any paint, varnish or other coating;
    6. pre-existing conditions or failure of any supporting structure not constructed by us;
    7. failure to remove or protect personal belongings, plants or shrubs; or
    8. that part of any work performed by you or by persons hired by you or by others not our employees, agent or contractors or not otherwise under our direction or control.


Your Duties.
In order to obtain our performance of this warranty, you have certain minimal duties. The most important is to report any defect as soon as you notice it, and to cooperate in the process of remedying the problem. Specifically these duties include:
  1. Contact us in writing within thirty (30) days after the defect first becomes evident;
  2. Cooperate fully in supplying any necessary information;
  3. Provide access to the premises during our normal business hours;
  4. Cooperate with any reasonable request made by us necessary or convenient to effect a remedy of the defect.
If you fail to do these things, then our obligations to fix the problem under this warranty ends. It is particularly important that you let us know of any problem as soon as you notice it. If it is allowed to become a bigger problem because you failed to notify us, then any additional costs required to remedy the bigger problem will not be borne by us.

Work to be Warranted.
This warranty extends only to work performed by us as described in the contract number identified above on the premises described in the contract, including any modifications, plans, drawings and change orders, but excludes work for which we have given you written notice that we will not warranty or will warranty only on different terms.

Warranty Extended to Repairs and Replacements.
Any repair or replacement performed under this warranty will itself be warranted for the remaining term of this warranty.

Some Definitions.
For the purpose of this warranty, the following definitions apply.
  1. A defect in workmanship is simply work that is inadequate or deficient when compared to the generally accepted standard for the type of work that was done or the standard of workmanship specified in your contract. As you may suspect, the standard is fairly flexible. The quality of workmanship you should expect depends a great deal on the character of your project. If you hired us for an "economy" project you should not expect the same level of workmanship as that of a "premium" project. But irrespective of any value considerations, our workmanship should at all times be at least adequate, and if not adequate, we will remedy the defect under this warranty.
  2. A defect in materials is as the term implies, an imperfection in a material. If a material is suited for the use to which we put it, and the material itself fails, then that failure is not covered under this warranty. However, if the material is not suitable for the use made of it, or it was not installed correctly, then the defect is one of workmanship, not of the material itself, and it will be covered under this warranty.
  3. The terms storms, wind, floods, and fire refer to acts of God or nature that may result in damage that we will not repair under this warranty. If your house floats away in a flood, this has nothing to do with our workmanship. Other effects of nature, however, are less obvious. For example, it is possible for a heavy wind to blow rain through the weep holes in your windows, and under your doors. This is normal and expected in such severe conditions and does not constitute a defect in workmanship that we will remedy under this warranty.
  4. Shrinkage and movement of materials and out-gassing. We only use materials suited for the use to which we put them. But some materials shrink, move or emit gases or vapors for a period of time. You may notice some unpleasant oders that will fade away over time, or small cracks in your drywall due to studs shrinking as they dry. You may find small cracks in your concrete and in your tile or grout (especially tile laid on a wood-framed floor). Joists may also shrink away from floor underlayment and cause squeaks. There may also be some bowing or unevenness in wood stud walls as lumber dries and twists. These are normal effects of the materials themselves and not a defect in workmanship that we will remedy under this warranty.
  5. Subsidence of soil or ground. If we dig a hole and fill it and the dirt in the hole sinks; this is our work and we will fix it. If we build over soil that was not disturbed by us and the soil shrinks or subsides, then this is considered a defect in the supporting structure and is not one that we will remedy under this warranty
  6. Deterioration of caulking and weather-stripping. Caulk and weatherstripping deteriorates over time and will need to be renewed or replaced periodically. This is not a defect and will not be remedied under this warranty where the caulk or weatherstripping was installed or applied correctly in the first instance. If it was not installed correctly, then we will of course fix it.


Disputes and Remedies.
We will usually be able to determine together items that fall under this warranty and those that do not and we should be able to agree when a defect covered by this warranty is adequately remedied. However if we are unable to agree, then you have two remedies that may cost a little time but are otherwise free. They are provided by the Better Business Bureau ("BBB") without charge to you and are designed to produce a quick resolution and avoid the expense of going to court.
  1. Mediation. A professionally trained BBB mediator meets with both of us and guides us in working out a mutually agreeable solutions. During the confidential mediation session, the BBB mediator clarifies and reframes problems and helps the us talk with each other and frame solutions. Mediators don't decide who is right or wrong. Instead, they help us reach a solution on our own one that works best for both of us.
  2. Binding Arbitration. If mediation does not help us, then the next choice is binding arbitration. Each of us state our views at an arbitration hearing, offer evidence, and let an impartial third party from the BBB's pool of certified arbitrators make the decision that will end the dispute. The arbitrator is trained to listen to both sides and weigh the evidence presented at the hearing. The arbitrator will make a decision about the dispute after the hearing is over. The decision by the arbitrator will be final and binding upon both of us, and a legal judgment or order on the arbitrator's decision may be entered in any court having jurisdiction. Binding arbitration precludes either of us from taking any legal action other than one to compel arbitration pursuant to this provision.
  3. Election of Remedy. Either of us may elect mediation or arbitration at any time. However while we must both agree to mediation, either of us may elect arbitration and if so the other is bound by the election. If we both agree to mediation and it fails to reach a mutually satisfactory resolution, then either of us may elect arbitration to resolve the dispute with finality.
  4. Governing Rules. The rules governing BBB mediation and arbitration shall be the rules in effect at the time of mediation or arbitration as determined by the BBB in its sole discretion.
  5. Governing Law, Venue. This warranty will be governed by and construed under the laws of the state of Nebraska and the venue for any proceeding arising out of this warranty will be in Lancaster County, Nebraska except that the site for BBB mediation or arbitration will be any place designated by the BBB in its sole discretion.

Last Rev. January 30, 2012