CLAIM PRIORITY

What does NHWICC classify as a urgent claim?

Urgent files are defined as those that pose an immediate health and safety risk or material risk related to current and ongoing damage to the home. These files require immediate attention.
An emergency includes the following situations:
  • Complete loss of heat, between September 15 and May 15;
  • Gas leak;
  • Complete loss of electricity;
  • Complete loss of water;
  • Complete stoppage of sewage disposal;
  • Plumbing leak that requires the entire water supply to be shut off;
  • Major collapse of any part of the home’s exterior or interior structure;
  • Any situation where, in the opinion of NHWICC, the home is not fit for occupancy due to health or safety reasons.
Damage caused by forces beyond a builder’s control (for example, municipal or utility service failures or ‘acts of God’) is not warranted under the Act, and therefore is not an “emergency” warranty situation.

What happens in the event of a homeowner emergency?

1. A homeowner who believes there is an emergency warranty situation should contact the builder first, using the emergency service contact information that the builder is required to provide in the Homeowner Information Package. The homeowner should follow the builder’s instructions in attempting to handle the emergency situation.The builder is permitted up to 24 hours to resolve the emergency, to ensure that the situation has been made safe and secure, and to prevent any further damage from occurring. Full repair of the defect in accordance with the builder’s warranty obligations may take longer to complete once the initial emergency has been dealt with. Builders are required to complete the full repair (including repairing any damage to builder installed materials) in accordance with their warranty obligations as soon as possible and no later than 30 days from the date that the homeowner reported the emergency.

2. If the builder cannot be reached within 24 hours, or if the builder has been contacted but has not resolved the emergency within 24 hours, the homeowner is entitled to contact NHIWCC for further direction. NHWICC will determine (usually by phone) if this is an emergency. If the homeowner satisfies NHWICC that this is an emergency warranty situation, NHWICC will first try to contact the builder. If NHWICC is unable to contact the builder, or the builder is unwilling to resolve the emergency, NHIWCC will instruct the homeowner to make or contract for the necessary repairs to correct the emergency, i.e., any repairs necessary to make the home safe and secure, and to prevent any further damage in the near future.

3.If the homeowner is unable to contact the builder and NHWICC, the homeowner may, without jeopardizing their warranty rights, do or contract for the necessary repair work to correct the emergency only.

4. If the homeowner has arranged to have the emergency repairs done and wishes to be reimbursed, the homeowner is required to submit to NHIWCC all required supporting documents (i.e., receipts, photographs of the damage and repair if available).

5. If NHIWCC identifies any emergency item as warranted mitigation, NHWICC will inform the homeowner those costs as per the new home warranty policy will be reimbursed.

6. NHWICC will notify the builder that the builder has 30 days to reimburse the homeowner for their reasonable costs associated with the warranted mitigation repairs undertaken. Further repairs as a result of the defect will be reported on in the claims report.

7. If the builder fails to reimburse the homeowner, NHWICC will settle directly with the homeowner, and pay compensation to the homeowner. The builder will be invoiced for the amount of compensation paid and for repair costs, plus an administration fee of 15 per cent and any applicable taxes.

What are Extreme Emergencies?

Extreme emergency are situations that, in the opinion of NHWICC, require immediate responses to preserve the integrity of the home, and/or prevent serious personal injury or warranted damage. The Claims Process may be accelerated in extreme emergency situations. NHWICC will make reasonable attempts to inform the builder if an accelerated process is required