Eight months after possession, the owner of a new home reports two items: hairline drywall cracks caused by normal shrinkage as the framing dried, and an interior door the builder hung so badly that it will not latch. Under s. 13 of the Ontario New Home Warranties Plan Act, which statement is correct?
Correct Answer
C) The door is covered, but normal shrinkage from drying is excluded
Section 13(1)(a) warrants that a home is built in a workmanlike manner and free from defects in material, which covers a door the builder hung so poorly that it will not latch. Section 13(2)(d) excludes normal shrinkage of materials caused by drying after construction, so the hairline shrinkage cracks are not a warranty item.
Why This Is the Correct Answer
The door is a defect in the builder's work covered by s. 13(1)(a), while drying shrinkage is expressly excluded by s. 13(2)(d).
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