Ch. 223 LAWS OF MARYLAND

PERFORMED BY ANYONE OTHER THAN THE BUILDER OR THE BUILDER'S
EMPLOYEES, AGENTS, OR SUBCONTRACTORS;

(IV) ANY DAMAGE THAT THE OWNER HAS NOT TAKEN
TIMELY ACTION TO MINIMIZE OR FOR WHICH THE OWNER HAS FAILED
TO PROVIDE TIMELY NOTICE TO THE BUILDER;

(V) NORMAL WEAR AND TEAR OR NORMAL
DETERIORATION;

(VI) INSECT DAMAGE, EXCEPT WHERE THE BUILDER HAS
FAILED TO USE PROPER MATERIALS OR CONSTRUCTION METHODS
DESIGNED TO PREVENT INSECT INFESTATION;

(VII) ANY LOSS OR DAMAGE THAT ARISES WHILE THE
HOME IS BEING USED PRIMARILY FOR NONRESIDENTIAL PURPOSES;

(VIII) ANY DAMAGE TO THE EXTENT IT IS CAUSED OR
MADE WORSE BY NEGLIGENCE, IMPROPER MAINTENANCE OR
IMPROPER OPERATIONS BY ANYONE OTHER THAN THE BUILDER OR ITS
EMPLOYEES, AGENTS, OR SUBCONTRACTORS;

(IX) ANY DAMAGE TO THE EXTENT IT IS CAUSED OR MADE
WORSE BY CHANGES OF THE GRADING OF THE GROUND BY ANYONE
OTHER THAN THE BUILDER, ITS EMPLOYEES, AGENTS, OR
SUBCONTRACTORS; AND

(X) ANY LOSS OR DAMAGE CAUSED BY ACTS OF GOD.

(B) A BUILDER WHO HAS DISCLOSED THAT THE BUILDER
PARTICIPATES IN A NEW HOME WARRANTY SECURITY PLAN SHALL:

(1) FURNISH TO THE OWNER AT THE TIME OF THE PURCHASE
OR CONSTRUCTION CONTRACT:

(I) THE NAME AND PHONE NUMBER OF THE BUILDER'S
NEW HOME WARRANTY SECURITY PLAN;

(II) DETAILS OF THE WARRANTY COVERAGE PROVIDED
UNDER THE PLAN; AND

(III) IN A FORM TO BE DETERMINED BY THE SECRETARY,
EVIDENCE THAT:

1. THE BUILDER CURRENTLY IS A PARTICIPANT IN
GOOD STANDING WITH A PLAN THAT SATISFIES THE REQUIREMENTS OF

§ 10-606(A) OF THIS TITLE; AND

2. THE NEW HOME IS ELIGIBLE FOR ENROLLMENT

REGISTRATION OR HAS BEEN ENROLLED REGISTERED IN THE
BUILDER'S NEW HOME WARRANTY SECURITY PLAN; AND

- 812 -