Specifications

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3. Warranty Program – Response Process
The Insurer or vendor/developer/general contractor shall, upon receipt of notice, promptly make
reasonable attempts to contact the purchaser/homeowner to arrange for investigation of the claim. The
Insurer or vendor/developer/general contractor shall make all reasonable efforts to avoid delays in
responding to a claim, evaluating a claim and scheduling any repairs. Such repairs shall be undertaken in a
timely manner, with reasonable consideration for weather, availability of materials and scheduling of crews.
The purchaser/homeowner must cooperate in every reasonable effort to investigate the claim including,
without limitation granting the right of reasonable access to the dwelling unit to monitor, investigate or
correct defects or to monitor or investigate the dwelling unit or its components, including but not limited to
required maintenance.
Where, following evaluation of a claim, it is determined that the claim is not valid and will be disallowed, the
Insurer shall notify the purchaser/homeowner of the decision, in writing, setting out the reasons for the
decision. Such notice will also set out the process whereby an owner can appeal such a decision under the
third-party dispute resolution process (refer to the dispute resolution section).
4. Repairs
All repairs or replacements made under this policy shall be completed in a reasonable manner using
materials and labour conforming to the building code and industry standards.
5. Notice of Claim Prior To Expiry – Vendor/Developer/General Contractor
Prior to the expiry date, a purchaser/homeowner shall give the insurer or vendor/developer/general
contractor written notice of any specific building defects claimed under this policy. Notice to the insurer,
setting out the building address and policy number, shall be deemed to satisfy the notice requirement to the
vendor/developer/general contractor.
6. Notice of Claim Prior To Expiry - Insurer
If the vendor/developer/general contractor fails to adequately undertake repairs in a reasonable and
timely fashion or repairs cannot reasonably be expected to be completed prior to the expiry date of the
policy, the purchaser/homeowner can protect the claim by providing written notice to the Insurer within 60
days after the expiry date of the policy. The insurer is entitled to require that such notice include:
a. the policy number;
b. a copy of the notice to the vendor/developer/general contractor;
c. a copy of other correspondence between the purchaser/homeowner and the
vendor/developer/general contractor.
7. Change of Dwelling Unit Ownership/Transferability
The coverage provided by this policy pertains solely to the dwelling unit. No notice of change of ownership
to the Insurer is necessary. All unused benefits under this policy are automatically transferred to any
subsequent homeowner. Notice of expiry of this policy shall be sent to the occupant of the home. This
policy is enforceable though there is no privity of contract between purchaser/homeowner and
vendor/developer/general contractor.
8. Disclosure of Claims History of Insured Dwelling Unit
The Insurer or its duly authorized representative will, upon the request of the homeowner, provide a
statement of claims made applicable to the dwelling unit. Such a statement shall include not less than the
following information:
a. type of claim made;
b. resolution of claim;
c. type of repair performed;
d. date of repair;
e. cost of repair.
9. Subrogation
Where the Insurer makes payment or assumes liability for any payment or repair under this policy:
a. the Insurer is subrogated to all rights of recovery of the purchaser/homeowner against any
person or persons who may have caused or contributed to the requirement for the payment or
repair under this policy;
b. the Insurer may bring action at its own expense, in the name of the purchaser/homeowner or
of the Insurer, to enforce such rights;
c. where the Insurer has pursued subrogated rights, the purchaser/homeowner shall fully
support and assist the Insurer in the pursuit of those rights, if the Insurer pursues such rights.