By Patrick Barthet
Homebuilders are accustomed to managing expectations. They do this at the initial client meeting, when drafting contract provisions, and in all progress meetings. As the project moves from design to occupancy, smart builders work hard to deliver the highest quality work possible while at the same time not promising more than they can deliver. Besides making for happier customers, this also helps minimize a builder’s liability.
Managing expectations is a bit more complicated when it comes to high-performance construction, as different homeowners will have different expectations about their home's performance in regards to heating and cooling, moisture issues and indoor air quality. Those expectations may or may not be realistic, and the only way to make sure they are is to put them in writing and to have everyone sign off.
In fact, as an attorney who works with builders I always recommend a written, contractual warranty that defines exactly what the...
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