Limited Workmanship Warranty

Effective Date: April 1, 2026

This Limited Workmanship Warranty (the "Warranty") is provided by J&F Construction Co., a Texas general contractor ("Contractor," "we," "us," or "our"), to the party identified as the owner or customer in the applicable construction contract ("Owner" or "you"). This Warranty applies to all residential and commercial construction services performed by Contractor. Please read it carefully. It contains limitations of liability, exclusions from coverage, and a mandatory notice and opportunity to repair procedure that affects your legal rights.

1. Term of Warranty

Contractor warrants that the labor performed by Contractor and its subcontractors under a fully executed construction contract will be free from defects in workmanship for a period of one (1) yearcommencing on the date of Substantial Completion of the work (the "Warranty Period").

"Substantial Completion" means the date on which the work, or the designated portion of the work, is sufficiently complete so that the Owner may occupy or utilize it for its intended purpose, whichever occurs first among the following: the date of issuance of a certificate of occupancy or final inspection approval by the governing authority; the date the Owner takes occupancy or beneficial use of the work; or the date Contractor tenders the work as complete in writing. For work completed in phases, the Warranty Period runs separately for each phase from the Substantial Completion of that phase.

The Warranty Period is not extended, renewed, restarted, or tolled by any repair, replacement, correction, or warranty service performed by Contractor. Any repair performed under this Warranty is warranted only for the remainder of the original Warranty Period.

2. Scope of Coverage

This Warranty covers only defects in the workmanship of labor actually performed by Contractor or its subcontractors within the written scope of work of the applicable construction contract. A defect in workmanship means work that was not performed in a good and workmanlike manner, meaning work that falls below the standard that a reasonably prudent contractor performing similar work in the Austin, Texas market would have met at the time the work was performed.

This Warranty applies exclusively to the specific scope of work described in the contract documents. It does not extend to any portion of the property, structure, system, component, or condition outside that written scope, whether or not that portion of the property is adjacent to, connected with, affected by, or accessed during the performance of the work.

3. Conditions Precedent to Coverage

Coverage under this Warranty is expressly conditioned upon each of the following. Failure to satisfy any condition voids this Warranty as to the affected work.

• Payment in full of all amounts due under the construction contract, including all approved change orders, with no outstanding balance, retainage dispute, or offset asserted by Owner.
• Delivery of written notice of the claimed defect to Contractor within the Warranty Period and in accordance with Section 12.
• Reasonable access to the property and to the affected work, afforded to Contractor and its representatives, insurers, and experts for inspection, testing, and repair during normal business hours.
• Preservation of the condition claimed to be defective in its as found state, without alteration, repair, or destruction by Owner or any third party, until Contractor has completed its inspection.
• Performance by Owner of all routine maintenance applicable to the work, and compliance with all manufacturer instructions, specifications, and maintenance requirements for installed materials, products, systems, and equipment.
• No alteration, modification, addition, repair, or servicing of the work by any party other than Contractor or a party authorized by Contractor in writing.

4. Sole and Exclusive Remedy

For any defect in workmanship properly covered by and noticed under this Warranty, Contractor's sole obligation, and Owner's sole and exclusive remedy, is repair or replacement of the defective workmanship, or refund of the portion of the contract price allocable to the defective workmanship, with the choice among these remedies made by Contractor in its sole discretion.

Contractor shall have a reasonable period in which to perform warranty work, taking into account the nature of the defect, weather conditions, material and product availability and lead times, subcontractor and labor availability, permitting requirements, and access to the property. Warranty repairs will be scheduled during Contractor's normal business hours. Contractor is not responsible for the cost of any repair performed by Owner or by a third party without Contractor's prior written authorization, and any such unauthorized repair voids this Warranty as to the affected work.

Repairs will be performed to a commercially reasonable standard. Contractor does not warrant that repaired or replaced materials, finishes, textures, coatings, stains, tiles, cabinetry, flooring, countertops, masonry, or paint will match adjacent existing materials in color, texture, sheen, grain, or appearance, because dye lots, production runs, manufacturing tolerances, discontinued product lines, weathering, ultraviolet exposure, and natural aging make exact matching impossible in many cases.

5. Manufacturer and Supplier Warranties

This Warranty covers workmanship only. It does not warrant any material, product, appliance, fixture, system, or piece of equipment supplied or installed as part of the work. Such items carry only the warranty, if any, extended by their respective manufacturer or supplier.

To the extent assignable, Contractor hereby assigns and passes through to Owner all manufacturer and supplier warranties applicable to materials, products, and equipment incorporated into the work. Owner is solely responsible for registering, maintaining, and pursuing claims under those warranties directly with the manufacturer or supplier. Contractor makes no representation regarding the substance, duration, enforceability, or continued availability of any manufacturer or supplier warranty, and is not liable for a manufacturer's or supplier's insolvency, discontinuation of a product line, refusal to honor a warranty, or failure to perform.

6. General Exclusions From Coverage

This Warranty does not cover, and Contractor expressly disclaims all responsibility and liability for, any loss, damage, defect, deterioration, failure, or condition arising from or related to any of the following.

6.1 Acts of God, Weather, and Natural Events

• Acts of God, force majeure events, and natural disasters, including hurricanes, tornadoes, straight line winds, hail, lightning, flood, flash flood, rising water, storm surge, earthquake, wildfire, and landslide.
• Freeze events, ice storms, extreme heat, drought, rapid temperature fluctuation, thermal expansion and contraction, and freeze and thaw cycling, including frozen or burst piping and any resulting water damage.
• Ordinary and extraordinary precipitation, wind driven rain, standing water, ponding, changes in drainage patterns, grading performed by others, and the discharge or backup of any public or private storm or sanitary system.
• Infestation or intrusion by insects, termites, rodents, birds, wildlife, vegetation, or root systems, and any damage caused by them or by their treatment or removal.
• Fire, smoke, explosion, power surge, power outage, utility interruption, and any interruption or failure of any public or private utility service.

6.2 Acts of Owner and Third Parties

• Abuse, misuse, negligence, neglect, vandalism, theft, riot, civil disturbance, criminal act, or intentional damage by any person.
• Accident, impact, collision, dropped or moved objects, furniture and appliance movement, and damage caused by pets or animals.
• Use of the work or any portion of the property for a purpose other than that for which it was designed, permitted, and constructed, and loading of any structure, slab, floor, deck, wall, or component beyond its designed capacity.
• Any alteration, modification, addition, repair, replacement, relocation, penetration, or servicing of the work performed by Owner, by Owner's employees or agents, or by any contractor, subcontractor, vendor, tradesperson, or other party not engaged by Contractor.
• Failure of Owner to perform routine maintenance, to operate systems in accordance with manufacturer instructions, to maintain proper ventilation, humidity control, drainage, gutters, caulking, sealing, grading, or landscaping, or to promptly report and mitigate an observed condition.
• Failure of Owner to mitigate damages after discovery of a condition, including any increase in the extent of loss attributable to delay in reporting or in permitting repair.

6.3 Materials, Design, and Direction Supplied by Others

• Materials, products, fixtures, appliances, or equipment supplied by Owner or specified by Owner over Contractor's written recommendation, including any labor associated with removing or reinstalling them.
• Defects in, errors in, omissions from, or deficiencies in plans, drawings, specifications, engineering, surveys, geotechnical reports, or other design documents prepared by architects, engineers, designers, or consultants engaged by Owner or by others, including work performed by Contractor in conformance with those documents.
• Work performed in accordance with Owner's written direction, value engineering decision, or product substitution where Contractor advised against it.
• Any portion of the work performed by a separate contractor engaged directly by Owner, and any interface, connection, or interaction between Contractor's work and that separate work.

6.4 Pre-Existing and Concealed Conditions

• Any pre-existing condition, prior construction, prior repair, or prior installation not performed by Contractor, whether or not known to either party at the time of contracting.
• Concealed or unknown conditions encountered during the work, including undisclosed prior unpermitted construction, deteriorated framing, corroded piping, undersized electrical service, non-compliant prior work, asbestos, lead based paint, mold, and other hazardous or regulated materials.
• Any condition arising in a portion of the structure, system, or property that was outside the contracted scope of work, including the aggravation or acceleration of such a condition by the performance of the work.
• Continued deterioration of existing components that were not replaced under the scope of work.

6.5 Soil, Foundation, and Structural Movement

Central Texas soils are predominantly expansive clay and are subject to significant seasonal movement. Owner acknowledges this condition.

• Soil movement, expansion, contraction, consolidation, subsidence, heave, erosion, washout, sinkhole, or settlement of any kind, and all damage resulting from it.
• Foundation movement, deflection, or settlement, and consequential cracking, separation, racking, or misalignment of slabs, framing, masonry, drywall, tile, flooring, doors, windows, trim, or finishes.
• Movement, deflection, shrinkage, warping, cupping, checking, splitting, or expansion of lumber, engineered wood, and other natural or wood based building materials.
• Any structural condition of an existing building not designed or constructed by Contractor.

6.6 Moisture, Mold, and Environmental Conditions

• Mold, mildew, fungus, bacteria, spores, or other biological growth of any kind, and any health effect, remediation cost, testing cost, loss of use, or diminution in value alleged to arise from it.
• Condensation, humidity, indoor air quality, radon, volatile organic compounds, odors, and off gassing from materials or finishes.
• Water intrusion from any source outside the contracted scope of work, including roofing, flashing, glazing, envelope, plumbing, irrigation, drainage, or appliances not installed by Contractor.
• Efflorescence, mineral deposits, staining, discoloration, and corrosion attributable to water chemistry, water hardness, or chemical exposure.

6.7 Normal Wear, Aesthetics, and Inherent Material Characteristics

• Normal wear and tear, ordinary deterioration, fading, chalking, oxidation, patina, and ultraviolet degradation.
• Variation in color, grain, veining, texture, pattern, sheen, or dimension inherent in natural and manufactured materials, including wood, stone, tile, brick, concrete, and countertop materials.
• Cosmetic conditions not reported in writing at the time of the final walkthrough and punch list, including nail pops, minor drywall cracking, caulk and grout shrinkage, and settling cracks that do not affect structural integrity or weather tightness.
• Squeaks in floors and stairs, minor door and window adjustment, and other conditions attributable to normal seasonal movement.

6.8 Code, Regulatory, and Scheduling Matters

• Changes in building codes, ordinances, zoning, licensing standards, accessibility requirements, or regulatory interpretation adopted or applied after the date the permit for the work was issued.
• Delay, non-issuance, revocation, or conditioning of any permit, approval, inspection, certificate of occupancy, or licensing approval by any governmental authority or third party, and any consequence of such action.
• Delay in the progress or completion of the work, including delay caused by weather, labor availability, material shortages, supply chain interruption, subcontractor default, permitting, inspection scheduling, utility connection, or Owner directed change.
• Any deadline, opening date, rent commencement date, lease obligation, financing condition, sale contingency, or occupancy date, none of which is warranted by Contractor.

7. Exclusion of Consequential and Indirect Damages

In no event shall Contractor be liable for any indirect, incidental, special, consequential, punitive, exemplary, or multiplied damages of any kind arising out of or related to the work or this Warranty, regardless of the theory of liability and regardless of whether Contractor was advised of the possibility of such damages. Excluded damages include lost profits, lost rents, lost business opportunity, loss of use, diminution in property value, relocation expenses, temporary housing, storage costs, financing and carrying costs, liquidated damages owed by Owner to third parties, penalties under any lease or purchase agreement, personal injury or property damage not caused by Contractor, and attorney fees except to the extent expressly required by applicable statute.

8. Limitation of Liability

To the fullest extent permitted by Texas law, the total aggregate liability of Contractor, its owners, officers, employees, and subcontractors, arising out of or related to the work, this Warranty, or the construction contract, whether based in contract, warranty, tort, negligence, strict liability, statute, or any other theory, shall not exceed the total contract price actually paid by Owner to Contractor for the specific scope of work giving rise to the claim.

9. Service Specific Provisions

The following provisions apply in addition to, and not in limitation of, the general terms above. They apply to each corresponding service offered by Contractor. Where a provision conflicts with a general term, the more protective of Contractor governs.

9.1 New Home Construction and Accessory Dwelling Units

Contractor warrants workmanship for one year as stated above. Nothing in this Warranty is intended to disclaim or limit any implied warranty of habitability to the extent that warranty applies to new home construction under Texas law and cannot be waived. Structural elements, foundations, and roofing carry only the workmanship warranty stated in Section 1 and any separate manufacturer warranty, and are subject to all exclusions in Section 6, particularly Sections 6.5 and 6.6.

9.2 Renovations, Remodeling, Additions, and Gut Rehabilitation

Coverage extends only to new work performed by Contractor. It does not extend to existing structures, systems, finishes, or components that remain in place, whether or not they were disturbed, accessed, supported, connected to, or adjacent to the new work. Contractor does not warrant the condition, capacity, code compliance, or remaining service life of any retained existing component. Tie in points between new and existing construction, including roof, envelope, framing, and finish transitions, are warranted as to workmanship only and not against movement, deflection, or failure originating in the existing structure.

9.3 Cast Iron and Kitec Plumbing Replacement and Repiping

Coverage extends to the workmanship of pipe replacement performed within the defined scope, and to the workmanship of associated concrete cutting, tunneling, backfill, slab patching, and finish restoration performed by Contractor. Coverage does not extend to any existing piping, line, lateral, main, or fixture outside the defined scope, including remaining sections of original piping, municipal service lines, and connections beyond the point of work. Contractor does not warrant against future failure of piping not replaced, against root intrusion, against blockage or backup caused by improper use or by foreign objects, or against slab movement following excavation, tunneling, or repour. Finish restoration is subject to the material matching limitation in Section 4.

9.4 Concrete, Slabs, and Flatwork

Owner acknowledges that concrete is subject to shrinkage cracking, surface crazing, minor spalling, color and texture variation, efflorescence, and curling as inherent characteristics of the material, and that such conditions are not defects in workmanship. Contractor does not warrant against cracking of any kind. Contractor warrants only that concrete work was placed, reinforced, jointed, finished, and cured in a good and workmanlike manner and in substantial conformance with the applicable design documents.

9.5 Multifamily, Build to Rent, and Mixed Use Development

The Warranty Period runs separately for each building, phase, or unit from its respective Substantial Completion. Contractor does not warrant lease up rates, absorption, occupancy levels, rental income, tenant satisfaction, sound transmission performance beyond the rated assemblies specified in the design documents, or the performance of any assembly as installed in accordance with the design documents prepared by others.

9.6 Tenant Improvement, Interior Build Out, Retail, and Office

Coverage extends only to Contractor's installed work within the demised premises. Contractor does not warrant base building systems, structure, envelope, roof, or utilities, whether or not Contractor connected to them, and does not warrant the adequacy or capacity of base building service to support Owner's intended use. Contractor does not warrant any rent commencement date, opening date, landlord approval, or the availability or amount of any tenant improvement allowance.

9.7 Core and Shell Construction

Coverage extends to workmanship of the shell scope as defined in the contract documents. Contractor does not warrant suitability of the shell for any particular tenant use, subsequent tenant improvement work performed by others, or any modification, penetration, or alteration of the envelope, structure, roof, or base building systems performed by others after turnover.

9.8 Hospitality, Restaurant, and Commercial Kitchen Construction

Coverage extends to installation workmanship only. Contractor does not warrant the performance, capacity, output, energy consumption, or regulatory compliance of any hood, exhaust, make up air, refrigeration, fire suppression, grease interception, or food service equipment, whether owner supplied or supplied by Contractor, all of which carry only their manufacturer warranty. Contractor does not warrant the issuance or continuation of any health department permit, food service license, or occupancy approval.

9.9 Warehouse, Distribution, and Industrial Construction

Contractor does not warrant slab performance under loads exceeding the design loads stated in the contract documents, and Owner is solely responsible for confirming that racking, equipment, vehicle, and storage loading conforms to the design. Section 9.4 applies to all slab and flatwork. Contractor does not warrant dock equipment, doors, levelers, or material handling equipment beyond installation workmanship.

9.10 Educational and Childcare Facility Construction

Coverage extends to construction workmanship only. Contractor does not warrant the issuance, renewal, or continuation of any state or local licensing approval, enrollment capacity determination, inspection outcome, or regulatory classification, all of which depend on operational factors outside Contractor's control.

9.11 Flooring, Tile, Paint, Coatings, and Finish Work

Contractor does not warrant against variation in dye lot, color, sheen, grain, or texture, against fading or wear from foot traffic, sunlight, cleaning products, or improper maintenance, or against substrate movement, moisture vapor emission, or slab moisture originating outside the scope of work. Coating and epoxy systems are subject to the manufacturer warranty and to substrate condition, neither of which Contractor warrants.

10. Non-Transferability

This Warranty extends only to the original Owner named in the construction contract and only for so long as that Owner holds title to or a leasehold interest in the property. It is not assignable and does not transfer to any subsequent owner, purchaser, tenant, successor, assignee, lender, or third party, and it terminates automatically upon conveyance of the property, unless Contractor expressly agrees otherwise in a signed writing.

11. No Third Party Beneficiaries

This Warranty is solely for the benefit of Contractor and the original Owner. No other person or entity, including subsequent purchasers, tenants, occupants, guests, lenders, insurers, or subrogees, is entitled to enforce any provision of this Warranty or to any rights under it.

12. Notice and Opportunity to Repair

Owner must deliver written notice of any claimed defect to Contractor within the Warranty Period and within thirty (30) days after the defect is discovered or reasonably should have been discovered, whichever is earlier. Notice must describe the claimed defect in reasonable detail, identify its location, and include photographs where practicable. Notice must be delivered by email to info@jfbuild.com or by certified mail to Contractor's business address.

Owner must provide Contractor with a reasonable opportunity to inspect the claimed defect and, if the claim is covered, to perform the repair before Owner engages any third party, incurs any repair cost, initiates any legal proceeding, or files any insurance claim relating to the claimed defect. Failure to provide notice and a reasonable opportunity to inspect and repair bars the claim under this Warranty.

For residential construction defect claims governed by Chapter 27 of the Texas Property Code, the notice, inspection, and offer of repair procedures required by that chapter apply in addition to the requirements of this Section, and nothing in this Warranty waives, shortens, or limits any statutory notice period or right to cure afforded to Contractor by that chapter.

13. Dispute Resolution and Governing Law

This Warranty is governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles. Exclusive venue for any dispute arising out of or related to this Warranty or the work lies in the state courts located in Travis County, Texas, and each party consents to personal jurisdiction there.

Before initiating any legal proceeding, the parties shall first attempt in good faith to resolve the dispute through direct negotiation, and thereafter through mediation before a mutually acceptable mediator in Travis County, Texas, with the parties sharing the mediator's fees equally. Compliance with Section 12 and with this Section is a condition precedent to the commencement of any action.

14. Disclaimer of Other Warranties

To the fullest extent permitted by Texas law, this Warranty is the complete, exclusive, and only warranty provided by Contractor, and it is given expressly in lieu of and replaces all other warranties, representations, guarantees, and obligations, whether express, implied, statutory, oral, or arising by course of dealing, course of performance, or usage of trade. This express Warranty supersedes and replaces the implied warranty of good and workmanlike performance, the implied warranties of merchantability and of fitness for a particular purpose, and any implied warranty of suitability, all of which are hereby disclaimed to the maximum extent permitted by law.

This Section does not disclaim, waive, or limit the implied warranty of habitability applicable to new home construction under Texas law, which the parties acknowledge cannot be waived. This Section does not waive any right that applicable law provides may not be waived.

15. Severability and No Waiver

If any provision of this Warranty is held invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to render it enforceable, or if modification is not possible, severed, and all remaining provisions shall continue in full force and effect. No failure or delay by Contractor in exercising any right under this Warranty operates as a waiver of that right, and no warranty repair performed by Contractor, whether or not required by this Warranty, constitutes an admission of liability, an extension of the Warranty Period, or a waiver of any exclusion or limitation.

16. Relationship to the Construction Contract

This Warranty is incorporated by reference into each construction contract executed by Contractor and forms a part of the agreement between the parties. In the event of a conflict between this Warranty and the executed construction contract, the executed construction contract governs. Contractor reserves the right to modify this Warranty at any time as to contracts executed after the date of modification. The version of this Warranty in effect on the date a construction contract is executed governs the work under that contract.

17. Warranty Claims and Contact

Submit all warranty claims and correspondence to J&F Construction Co. at info@jfbuild.com or by telephone at (737) 377-2519. Telephone contact does not satisfy the written notice requirement of Section 12.

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