This Limited Warranty (“Warranty”) is provided by Ingenuity Construction Group, owned and operated by Edgar Fernandes, for eligible residential and commercial projects performed by us in our service areas across the San Francisco Bay Area. This Warranty is intended to be reasonable, industry-aligned, and limited to the scope of our work. It is not a maintenance agreement or insurance policy.

Office: 991 Berryessa Road, Unit B, San Jose, CA 95133
Phone: (408) 495-2961
Email: [email protected]
Website: https://www.ingenuityconstructiongroup.com/

1) Definitions

• “Owner” means the client named on the contract for the Project.
• “Project” means the scope of work described in the signed contract and any approved change orders.
• “Substantial Completion” means the date on which the Project (or a defined phase) is sufficiently complete to be occupied or used for its intended purpose.
• “Normal Wear and Tear” includes deterioration expected from ordinary use and environmental exposure.
• “Manufacturer” means the producer of materials, fixtures, equipment, or systems incorporated into the Project.

2) Warranty Term Summary

• Workmanship Warranty: 1 year from Substantial Completion unless otherwise stated in writing.
• Manufacturer’s Warranty: As provided by the product manufacturer(s); terms and procedures set by each manufacturer apply.
• Structural Warranty (Contractor-Installed Structural Elements Only): 10 years from Substantial Completion for material defects and workmanship in load-bearing structural elements we furnished and installed, subject to exclusions below.

If California law requires longer minimum terms for specific components, such statutory periods will control for those components.

3) Workmanship Warranty (1 Year)

Ingenuity Construction Group warrants that its labor will be performed in a good and workmanlike manner consistent with applicable industry standards at the time of installation. During the Workmanship Warranty period:

• We will repair or replace, at our option, any portion of our work that is found to have defects due to our workmanship and within our contract scope.
• This warranty does not cover: materials or products (these are covered by manufacturers), design provided by others, damage from misuse, neglect, improper maintenance, alterations by others, code changes after installation, or conditions excluded below.

Examples covered when caused by our workmanship:

• Improperly fastened trim installed by us, loose tile set by us, misaligned cabinet doors installed by us, etc.

4) Manufacturer’s Warranty (Pass-Through)

All materials, fixtures, equipment, and systems are covered solely by the respective manufacturer’s warranties, if any. We pass through any available manufacturer warranties to Owner to the extent permitted.

• Owner Responsibilities:
  
  • Register products when required by the manufacturer.
  • Retain proof of purchase and serial numbers.
  • Perform maintenance as specified by the manufacturer.
  • Submit claims directly to the manufacturer if the warranty requires it.
• Our Role:
  
  • Upon request during the applicable warranty period, we will reasonably assist in documenting the claim and coordinating access, but we are not responsible for manufacturer determinations, processing times, or denied claims.

Examples typically covered by manufacturers:

• Roofing materials, windows/doors, waterproofing membranes, appliances, HVAC equipment, water heaters, flooring materials, plumbing fixtures, electrical devices, fasteners, coatings, and paints.

5) Structural Warranty (10 Years — Contractor-Installed Load-Bearing Elements)

We warrant load-bearing structural elements that we furnish and install (e.g., foundations, footing systems, structural slabs, structural framing, beams, columns, and shear elements) will be free from defects in materials and workmanship that materially affect structural performance for ten (10) years from Substantial Completion.

• Scope:
  
  • Only structural elements installed by Ingenuity Construction Group are covered.
  • Design adequacy is excluded when design was provided by Owner or third-party design professionals not under our contract.
  • Soil conditions, geotechnical suitability, and site drainage performance not installed/contracted by us are excluded.
• Remedy:
  
  • We will repair or replace affected contractor-installed structural elements to restore structural performance, or provide a reasonable credit, at our option.

6) Owner Obligations (All Warranties)

Coverage under this Warranty requires the Owner to:

• Pay all contract amounts due in full.
• Provide reasonable notice of claimed defects within ten (10) days of discovery and within the applicable warranty period.
• Provide access to the property for inspection and repairs during normal business hours.
• Perform routine maintenance and upkeep, including caulking, sealing, cleaning, filter changes, paint touch-ups, grout/sealant maintenance, clearing drains and gutters, and other ordinary maintenance as recommended by manufacturers and standard practices.
• Operate all systems as intended and in accordance with manufacturer instructions.

Failure to meet these obligations may void coverage.

7) Exclusions and Limitations

This Warranty does not cover, and Ingenuity Construction Group is not responsible for, any of the following:

• Normal wear and tear, cosmetic variations, and minor imperfections consistent with industry standards (e.g., hairline cracks in plaster or concrete shrinkage cracks not impacting performance; natural material color/vein variation; minor drywall/paint touch-ups).
• Damage or defects arising from: misuse, abuse, neglect, improper maintenance, improper cleaning agents, impact, accident, fire, flood, earthquake, windstorm, lightning, extreme weather, acts of God, vandalism, theft, pests/termites/wood-boring insects, mold or microbial growth, or other causes beyond our control.
• Movement, settlement, subsidence, expansive soils, hydrostatic pressure, or drainage issues unless we both designed and installed the drainage/soil remediation system and the issue is due to our workmanship in that system.
• Water intrusion caused by conditions outside our scope (e.g., existing building envelope deficiencies, unsealed penetrations by others, landscaping/sprinklers spraying walls, clogged gutters not maintained by Owner, homeowner-installed fixtures compromising waterproofing).
• Work, alterations, or repairs performed by anyone other than Ingenuity Construction Group without our prior written approval.
• Design errors or omissions by Owner, architect, engineer, or consultants not under our contract.
• Pre-existing conditions, latent conditions, or concealed conditions not reasonably discoverable at the time of work.
• Code changes or new regulatory requirements adopted after permit issuance or completion.
• Consequential, incidental, or special damages, including but not limited to loss of use, loss of income, temporary housing, or personal property damage; our obligation is limited to repair, replacement, or reasonable credit as described.
• Materials supplied by Owner or installed contrary to manufacturer instructions.
• Appliances and owner-furnished equipment, even if installed by us, beyond installation workmanship.

Note on Tile/Stone/Concrete: Hairline cracking, grout discoloration, efflorescence, and natural movement are common and typically fall under normal wear, not warrantable defects, unless directly caused by our improper installation.

8) Warranty Claims Procedure

To initiate a claim:

1. Write to [email protected] or mail to 991 Berryessa Road, Unit B, San Jose, CA 95133, describing the issue, location, and date discovered, and include photographs if available.
2. We will acknowledge within 10 business days and schedule an inspection within a reasonable time.
3. If covered, we will provide a proposed remedy and schedule repairs. Repairs will be performed during normal business hours.
4. Emergency conditions: Contact us by phone at (408) 495-2961; we will use commercially reasonable efforts to respond promptly. Emergency response is not a guarantee of coverage.

No repair work by others will be reimbursed without our prior written authorization.

9) Transferability

For residential projects, this Warranty is transferable one time to a subsequent owner within the original warranty periods, provided we receive written notice of the property transfer and new owner contact information within 60 days of closing. Commercial transferability is by prior written agreement only.

10) Relationship to Contract and Law

• This Warranty is incorporated by reference into the Project contract and is the exclusive warranty provided by Ingenuity Construction Group.
• Except as expressly stated herein or required by law, there are no other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, all of which are disclaimed to the fullest extent permitted by law.
• If any provision is held unenforceable, the remainder remains in effect. This Warranty will be interpreted under the laws of the State of California.
• Nothing herein expands our liability beyond the contract price except as required by law.

11) Scope Alignment and Limitation of Liability

Our total liability for claims arising out of our work shall not exceed the amount paid to Ingenuity Construction Group for the specific portion of work giving rise to the claim, exclusive of manufacturer remedies, unless prohibited by law. Remedies set forth herein are Owner’s sole and exclusive remedies.

12) Items With Typical Special Terms

• Roofing systems: Our workmanship on roofing installation is covered for 1 year; material performance is per manufacturer’s warranty and program requirements. Extended manufacturer system warranties require registration and adherence to specified components and maintenance by Owner.
• Windows/doors: Installation workmanship is covered for 1 year; product performance and finish are per manufacturer.
• Decks and balconies: Workmanship is 1 year; waterproofing membranes and coatings per manufacturer; Owner must maintain sealants and drainage.
• Concrete and masonry: Workmanship is 1 year; non-structural hairline cracks and surface variations are considered normal and excluded; structural elements covered per Structural Warranty terms if installed by us.
• Flooring: Installation workmanship is 1 year; humidity control and manufacturer care guidelines must be followed to avoid cupping, gapping, or finish issues.
• Appliances, HVAC, water heaters, plumbing/electrical devices: Covered by manufacturers; our installation workmanship is covered for 1 year.

13) No Waiver

Our decision to make a goodwill repair does not constitute an admission of liability, does not extend warranty periods, and does not waive any exclusions or limitations.