Warranty Policy

Effective Date: 07 February 2026
Last Updated: 11 February 2026

This Warranty Policy describes the express warranties offered by Fouts LLC, doing business as Fouts Family Construction (“FFC,” “we,” “us,” or “our”) in connection with construction, remodeling, repair, and improvement services performed in Indiana and Kentucky.

This Warranty Policy applies only to work performed by FFC and should be read in conjunction with our Terms & Conditions and any applicable written proposal, contract, or invoice.

1. Purpose and Scope

FFC provides express warranties as described below to clearly define the scope, duration, and administration of warranty coverage associated with our work.

These warranties are voluntary express warranties and are provided in addition to any non-waivable rights a consumer may have under applicable Indiana, Kentucky, or federal law. To the extent permitted by law, these express warranties define and limit the remedies available for warranty-related claims.

2. Overview of Warranty Coverage

Subject to the terms, conditions, limitations, and exclusions of this policy, FFC offers the following express warranties:

  • Two (2) Year Limited Workmanship Warranty

  • Ten (10) Year Limited Structural Warranty (load-bearing structural work only)

Warranty coverage applies only to work performed at the original project location.

3. Two (2) Year Limited Workmanship Warranty

Coverage

FFC warrants that labor and workmanship performed by FFC will be free from material defects resulting from improper workmanship for a period of two (2) years from the date of substantial completion.

This warranty applies only to:

  • Labor performed directly by FFC; and

  • Labor performed by FFC’s authorized subcontractors, subject to the limitations set forth in Section 6.

Remedy

At FFC’s sole discretion, the exclusive remedy under this warranty is limited to:

  • Repair of the defective workmanship; or

  • Replacement of the affected portion of the work.

FFC is not obligated to provide upgrades, redesigns, or cosmetic improvements beyond restoring the warranted work to a compliant condition.

4. Ten (10) Year Limited Structural Warranty (Load-Bearing Work Only)

Coverage

FFC provides a ten (10) year limited structural warranty for load-bearing structural improvements performed by FFC. This warranty applies solely to structural framing elements intended to support structural loads.

Exclusions

This structural warranty does not apply to:

  • Non-load-bearing framing or components

  • Finish materials, including drywall, trim, paint, flooring, cabinetry, siding, roofing finishes, or fixtures

  • Settlement, soil movement, expansion, contraction, or shifting

  • Moisture intrusion, drainage conditions, flooding, or water damage

  • Pre-existing structural deficiencies or concealed conditions

  • Damage caused by Acts of God, misuse, abuse, neglect, alteration, or lack of maintenance

Remedy

FFC’s obligation under this warranty is limited to reasonable repair or remediation of the warranted structural defect. Replacement of entire assemblies or restoration of surrounding finishes is not guaranteed.

5. Warranty Registration Requirement

Registration for Full Coverage

To receive the full duration of FFC’s express warranties, the property owner must complete and submit a Warranty Registration within thirty (30) days of substantial completion of the work.

Failure to Register

If the Warranty Registration is not submitted within the required period:

  • The Workmanship Warranty is reduced from two (2) years to one (1) year

  • The Structural Warranty is reduced from ten (10) years to five (5) years

This reduced coverage is intended to satisfy applicable implied warranty obligations to the extent permitted by law.

6. Subcontractor Work and Third-Party Warranties

Subcontractor Work

Certain portions of work may be performed by licensed and insured subcontractors. Warranty coverage for such work is limited to the shorter of:

  • The applicable FFC workmanship warranty period; or

  • The warranty period offered by the subcontractor or manufacturer.

FFC does not extend, enlarge, or replace subcontractor warranties and does not guarantee warranty coverage beyond what the subcontractor provides.

Manufacturer and Installer Warranties

Products installed by FFC may be covered by separate manufacturer or installer warranties, which are issued and administered by the manufacturer or installer, not FFC.

FFC does not guarantee the approval, performance, or enforcement of any third-party warranty. At the homeowner’s request, FFC may assist by providing product information or directing the homeowner to the appropriate warranty provider, but such assistance does not create additional warranty obligations for FFC.

Owner-Supplied Materials

Materials supplied by the homeowner are not covered by any FFC warranty. FFC disclaims responsibility for defects, failures, or incompatibility related to owner-supplied materials.

7. Warranty Claims Procedure

To submit a warranty claim, the property owner must:

  1. Provide written notice describing the issue to warranty@foutsllc.com or by mail to Fouts Family Construction’s registered business address.

  2. Allow FFC a reasonable period of time to respond and propose a remedy. To the maximum extent permitted by law, FFC may take up to thirty (30) days to respond with a proposed resolution and, upon homeowner acceptance, an additional reasonable period (not to exceed sixty (60) days) to implement the remedy.

  3. Provide FFC reasonable access to the original project location for inspection, whether performed by FFC or by an independent, licensed inspection company.

  4. Submit the claim within the applicable warranty period.

Failure to comply with these requirements may void warranty coverage.

8. Exclusions and Limitations

This Warranty Policy does not cover:

  • Normal wear and tear

  • Routine maintenance or lack of maintenance

  • Damage caused by third parties

  • Unauthorized repairs, modifications, or alterations

  • Environmental conditions beyond FFC’s control

  • Code changes, permits, or inspections occurring after completion

Any work affected by unauthorized repair or alteration may void applicable warranty coverage.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the total liability of Fouts Family Construction for any and all claims, losses, damages, or causes of action arising out of or related to this Agreement, the scope of work, materials, or services provided—whether based in contract, tort, negligence, or otherwise—shall not exceed the total amount actually paid by the Client to Fouts Family Construction under this Agreement.

In no event shall Fouts Family Construction be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of use, loss of profits, loss of business or income, delay damages, relocation costs, or business interruption, even if advised of the possibility of such damages.

Nothing in this section shall be construed to limit or exclude liability for gross negligence, willful misconduct, or personal injury caused by the Company, nor shall it limit or override any express workmanship warrantiesspecifically stated in this Agreement.

10. Application to Prior and Ongoing Work

This Warranty Policy applies to all work performed by FFC on or after the Effective Date and, to the extent permitted by law, governs the administration and enforcement of warranties associated with prior and ongoing projects.

Nothing in this policy is intended to eliminate or materially reduce warranty coverage that has already vested under a prior written agreement, provided the customer complies with reasonable registration and claim procedures described herein.

11. Governing Law

This Warranty Policy is governed by the laws of the state in which the work was performed (Indiana or Kentucky), subject to applicable federal consumer protection laws.

12. Contact Information

Fouts LLC d/b/a Fouts Family Construction
1734 McDonald Ln
New Albany, Indiana 47150
📧 warranty@foutsllc.com
📞 930-282-8227