Preservation is the primary purpose of painting, varnishing and staining as they protect exposed surfaces, both interior and exterior from environmental conditions and moisture penetration.
The prime cost in this type of work is labor, and for that reason owners often undertake the responsibility for painting/staining their homes. Ins such cases, the owners undertake all responsibility for the painting/staining contract unless otherwise specified. In any event, the party who undertakes the painting/staining contract, be it owner or the builder, assume’s responsibility for:
Promptly and properly providing protection to exposed surfaces to prevent damage due to deterioration of unfinished surfaces. Warping, checking, cracking, dry rot and blackening of lumber or millwork, which takes place due to improper, untimely or no painting/staining is the responsibility of the party contracting for the painting/staining. Millwork manufactures do not normally extend warranties on their product against warping or cracking unless the surface has been properly finished. Special care must be exercised to assure that all sides and edges of doors are sealed to prevent warping. Properly preparing the surface to accept the paint, stain or wallpaper, including filling nail holes and filling or sanding of imperfections. Properly applying material in accordance with manufacturer’s recommendations. The number of coats to be applied as specified in the contract. Replacing hardware, fixtures and doors if they are removed for painting/staining or other finishing.
Consequential damages are not the responsibility of the builder.
Ceilings are not normally painted in new construction, but receive the drywall texture spray. Ceiling drywall repairs do not require painting.
By applying surface material or wall covering, the painting or wall covering contractor implies an acceptance of the work underneath.
Grain variations in wood will accept strain differently; therefore, it is not uncommon for two pieces of the same type wood, stained with the same product to vary in color. An attempt should be made by the painter to leave small quantities of all paints and stains for future touch up, if there is any left.
Some breakdown of the finish may occur around heavy concentrations of moisture (i.e. ranges, dishwashers, coffeepots) and is a homeowner maintenance item.
Varnished, painted or stained millwork and floors must be cared for like furniture and cannot be scrubbed. Exterior varnished surfaces requires more maintenance than painted surfaces.
1. Common Defect or Problem – Exterior paint or stain peels, chalks or fades, including gutters, downspouts or other sheet metal areas
Performance Standard – The occurrence of peeling, chalking or fading should not occur during the warranty period unless the builder has specifically informed the owner that the particular color chosen may fade or chalk.
Builder Repair Responsibility – Builder shall properly and repaint affected areas, matching color as closely as possible. Owner must understand touch-ups may not match exactly. Should the paint deterioration affect the majority of a wall or area, the area should be repainted. The builder shall repaint in accordance with standards of good workmanship, but no warranty will be extended on the newly repainted surfaces.
2. Common Defect or Problem – Repainting of areas affected by drywall repairs.
Performance Standard – Industry standards require that the builder repaint new areas or repaired areas where painting has been affected by drywall repairs only when responsible for the painting contract. Repairs required shall be finished to match surrounding areas as closely as possible. Owner must be aware that there may be a slight color mismatch.
Builder Repair Responsibility – Builder will finish repair areas as indicated above.
3. Common Defect or Problem – Ceiling not painted originally or after repair.
Performance Standard – Industry standards do not require painting of ceiling unless specified in contract or specifications. Ceiling drywall repairs do not require painting if the painting of ceilings was not specified in the contract.
Builder Repair Responsibility – None, unless ceiling painting was specified in the contract or specifications.
Craig’s Comments: I think this is assuming that the ceiling has been finished with a texture.
4. Common Defect or Problem – Deterioration of varnish, polyurethane or lacquer finishes.
Performance Standard – Natural finishes on interior woodwork shall not deteriorate during the first year of the warranty period. However, varnish type finishes used on the exterior will deteriorate rapidly and are not covered by the warranty. Millwork and floors must be cared for like furniture and cannot be scrubbed.
Builder Repair Responsibility – Builder will refinish affected areas of interior woodwork, matching the color as closely as possible.
9. Common Defect or Problem – Color variations between different types of wood.
Performance Standard – Dissimilar woods cannot be matched exactly.
Builder Repair Responsibility – None.
Craig’s Comments: The different wood species all have different colorations, and even take paint, stain and finishes differently. Painted woods should match, but don’t expect stained or varnished woods to.
Performance Standard – The owner should note that during the initial building stabilization period, it is not unusual for doors to warp or twist and alternately stick or not close as the home goes through its initial settling and drying period, especially over the first heating season. The builder is obligated only to make replacements after this initial stabilization period, since often the door straightens in that process. Doors must be sealed on all six sides by the person contractually responsible for painting/staining.
All interior doors, closet doors, cabinet doors or drawers whose warpage exceeds the National Woodwork Manufacturers Association Standards (approximately ¼ ” in most cases), and where the warp cannot be corrected by adjustment of either jambs, stops, and/or hinges and cabinet catches to properly latch after initial stabilization period of the home, approximately the end of the first year, shall be replaced by the builder assuming the person responsible for painting/staining has sealed all six sides.
Builder Repair Responsibility – Adjust, upon request of the owner, one time only, preferably at the end of the warranty period, any doors that fail to operate properly, assuming that all six sides have been sealed by owner if owner was responsible for painting/staining. Replace any doors, which cannot be corrected to be within performance standards after stabilization. Refinishing to be the responsibility of party contractually responsible for painting/staining.
11. Common Defect or Problem – Wallcovering pulls loose.
Performance Standard – Wallcovering should not pull loose.
Builder Repair Responsibility – Provided the wallcovering is in the builder’s contract, it should be repaired. If a patch must be made, builder shall match as closely as possible. Because of dye lot differences, owner must understand exact match may not be possible. If installed by owner, wallcovering repairs are the owner’s responsibility.