J.        Warranties do not apply to loss or damage from failure to maintain the dwelling or home improvement in good repair.

K.        Warranties do not apply to loss or damage which the owner, when feasible, failed to minimize.

L.        Warranties do not apply to loss or damage which occurs after the home is no longer used as a primary residence.

M.        Warranties do not apply to actual loss or damage generally designed as "acts of God" so long as the damage is not caused by failure to comply
with building standards.

N.        Warranties do not apply to loss or damage due to soil conditions where the owner purchased the land from someone other than the builder and had the builder construct the home on the property.

O.        Warranties do not apply in cases of home improvement work, loss or damage due to defects in existing structure not caused by the home
improvement.

REMEDIES

A.        Damages for breach of new dwelling warranties are limited to:

a.        The amount necessary to remedy the defect or breach; or

b.        The difference between the value of the dwelling without the defect and the value of the dwelling with the defect.

B.        Damage for breach of home improvement warranties are limited to:

a.        The amount necessary to remedy the defect or breach; or

b.        Specific performance.