Specifications

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20. Secondary Suite
A suite located in and forming part of a dwelling unit where the dwelling unit remains a single legal title.
21. Subrogation
The lawful substitution of a third party in place of a party having a claim against another party. This means
the insurer having the right to be substituted for a party it has compensated and sue any party whom the
compensated party could have sued.
22. Time Clause
The dates referred to in the declarations are effective 12:01 am, standard time at the address of the
purchaser/homeowner.
23. Vendor/Developer
The person or other legal entity that obtains the warranty and sells the dwelling units to the
purchaser/homeowner. The vendor/developer may also obtain the building permit and construct the
dwelling unit in fashion similar to that of a general contractor. The vendor/developer does not include
land developers who may be involved in assembling land and selling the land to a vendor/developer.
24. Walkway
A surface intended and constructed primarily to be used as a pedestrian access to or from a dwelling unit
and may include stairs.
25. Water Penetration
A defect in the building envelope of a dwelling unit which permits unintended water penetration into the
dwelling unit such that it causes or is likely to cause material damage to the dwelling unit.
CONDITIONS
1. Notice to Warranty Provider
The homeowner of a dwelling unit has a duty to mitigate loss or damage, including damage caused by
defects (including water penetration) if the defect requires immediate attention. This duty is satisfied by
providing the insurer or it’s duly authorized representative timely notice in writing of detection of loss or
damage. The duty to mitigate survives even if:
a. the dwelling unit is unoccupied;
b. the dwelling unit is occupied by other than the owner;
c. the defect (including water penetration) does not appear to be causing damage;
d. the homeowner advises the strata corporation (if the dwelling unit is in a multi-unit project).
The extent that loss or damage to a dwelling unit is caused or exacerbated by the failure of a homeowner
to take reasonable steps to mitigate, such damage is excluded from coverage.
2. Warranty Program Response – Responding Party
The purchaser/homeowner will provide written notice to the insurer involving detection of loss or damage.
Contact for initial service items should be with the customer service department of the
vendor/developer/general contractor if the vendor/developer/general contractor has such a
department. The purchaser/homeowner has the option to contact the insurer directly, if preferred. This
option is particularly appropriate when:
a. there is a difference in language used by the purchaser/homeowner;
b. the relationship between vendor/developer/general contractor and purchaser/homeowner
has soured;
c. the vendor/developer/general contractor cannot be located;
d. the vendor/developer/general contractor has not responded in a reasonable timely fashion to
a claim;
e. the vendor/developer/general contractor does not have a customer service department;
f. there is a dispute between the vendor/developer/general contractor and the
purchaser/homeowner as to coverage or claim validity;
g. the warranty term is drawing to a close;
h. the dwelling unit involved is a resale;
i. the circumstance involves potentially larger claim amounts such as water penetration or
structural damage.