Those Subject to Warranties

The warranties contained in this Article 5 may be exercised against the developer and the general contractor who built the home, who shall be strictly liable for any breaches of warranty, as well as against any subcontractor responsible for installing the part of the home in which the breach of warranty occurred who shall be strictly liable for such breach of warranty in the part of the home he installed unless he can prove the defect was a design defect unknown to him or the result of defective materials unknown to him, and that he did all work in a workmanlike manner; and, if the breach of warranty is the result of a design defect or negligence in architectural supervision, the architect shall be strictly liable for all breaches of warranty resulting from faulty supervision or design; all of whom shall be jointly and severally liable for repair costs to correct such breach of warranty, and all damages arising out of the breaches of warranty for which they are responsible. The warranties contained in this article can also be enforced against the manufacturer and supplier of defective materials used in the construction of the home and which defective materials were the cause of the breach of warranty. A person who meets the definition of a developer shall be liable hereunder if he is the seller or shares in or is to share in any part of the profit or loss on the sale or construction of the new home. If a new home is built for an owner who is not a developer, all other persons against whom a warranty can be exercised shall COL10/29/2021 CH. 32 TRADE PRACTICES AND CONSUMER PROTECTION continue to be responsible, but such warranties may not be exercised against the original owner by subsequent owners of the home.