What Is an 11-Month Warranty Inspection on a New Home?

An 11-month warranty inspection is a home inspection scheduled shortly before a new home's first warranty year ends, so problems can be reported to the builder in writing while first-year coverage still applies. Where it is used, the HUD and VA Warranty of Completion of Construction (form HUD-92544) calls for written notice to the warrantor "within one year from the date of original conveyance of title" or "the date of initial occupancy, whichever first occurs." One 2-10 HBW warranty booklet, written for New Jersey, sets the workmanship term at 1 year.

Pennsylvania case law also limits who can lean on a builder's unwritten promises. In Conway v. Cutler Group, Inc., decided August 18, 2014, the Supreme Court of Pennsylvania held that "a subsequent purchaser of a previously inhabited residence may not recover contract damages for breach of the builder's implied warranty of habitability," because the claim "requires contractual privity between the parties." The implied warranty the Court adopted in Elderkin v. Gaster (1972) belongs to the buyer who bought from the builder. An 11-month inspection is timed to the written warranty's notice deadline. Below: why 11 months, what written warranties cover, when the clock starts, both court decisions, and how to report findings.

Why Schedule the Inspection at 11 Months?

Because written warranties such as HUD-92544 put their first deadlines around the end of year one.

HUD-92544 gives buyers one year from conveyance of title or initial occupancy, whichever first occurs, to send written notice of a nonconformity. If the buyer took title before construction was complete, the form says notice may be given "within one year from the date of completion or initial occupancy of such dwelling, whichever first occurs."

Private warranty booklets set their own windows. In the New Jersey edition of the 2-10 HBW New Home Warranty Program booklet, the workmanship term is 1 year, and the booklet says written notice to the builder is due no later than 7 days after a term expires. That is one example, not a Pennsylvania document.

An inspection in month 11 leaves time to receive the report, sort the findings, and get a letter to the builder before a first-year deadline closes. Before booking, it also helps to know what a home inspector cannot check or test.

What Does a Builder's Written Warranty Cover in Years One, Two and Ten?

Your warranty book sets the answer, and these documents read differently.

Warranty document	Terms it states	How notice is given
HUD-92544 / VA 26-1859, Warranty of Completion of Construction	Construction in substantial conformity with approved plans and specifications, for one year	Written notice to the warrantor
2-10 HBW booklet, New Jersey edition (one example)	1 year workmanship, 2 years distribution systems, 10 years structural	Written notice to the builder no later than 7 days after a term expires
Residential Warranty Company (RWC), Harrisburg	"1-2-10" insured structural warranties; periods set in your warranty book	Letter to the builder, then written notice to RWC

HUD-92544 warrants that the dwelling "is constructed in substantial conformity with the plans and specifications" approved in writing by the Federal Housing Commissioner or VA.

As of October 2026, 2-10 HBW's program page says "10 Year insurance-backed coverage is standard and the requirement in most states," and offers a distribution systems term of 2 years as standard or 1 year as an option. In the New Jersey booklet, "The builder is responsible for all obligations related to your workmanship and distribution systems warranty."

RWC's homeowner page says "your builder is responsible for correcting warranted defects which do not meet the standards for the time period specified in your warranty book." RWC adds: "If your builder is unable to meet his or her warranty obligations, RWC will assist you."

When Does the Warranty Clock Start?

It depends on the document, so find the start date before counting to 11 months.

• HUD-92544: one year from the original conveyance of title or initial occupancy, whichever first occurs, or from completion if title passed before the home was finished.

• 2-10 HBW New Jersey booklet: the "Effective date of warranty" is the date each warranty "goes into effect," "as indicated on the Certificate of Participation."

• RWC: its page says "warranty documents will be available online 60 DAYS AFTER YOUR CLOSING," and a claim asks for "your Effective date of warranty."

If your closing date, move-in date and warranty effective date differ, the warranty document decides which one counts. Mark the end date on a calendar and work back a month.

Does Pennsylvania Law Give New Home Buyers an Implied Warranty?

Yes, through case law, for buyers who purchase a new home from the builder-vendor. In Elderkin v. Gaster, 447 Pa. 118, 288 A.2d 771, decided March 20, 1972, the Supreme Court of Pennsylvania held that the builder-vendor impliedly warrants that the home is "constructed in a reasonably workmanlike manner" and that it is fit for habitation.

The defect in Elderkin was water: "the well has never produced water of a quality suitable for human consumption." The Court reasoned that a development house buyer "justifiably relies on the skill of the developer that the house will be a suitable living unit," and that the builder-vendor, "even though he exercises reasonable care," should bear the risk that the home will be "functional and habitable in accordance with contemporary community standards."

Conway v. Cutler Group (2014) later described it as the implied warranty "which protects those who purchase a newly constructed home from latent defects."

Can a Later Owner Use the Builder's Implied Warranty?

Not for contract damages, under Conway v. Cutler Group (2014). The Cutler Group sold a new Bucks County house to its first buyers in September 2003. After three years, they sold it to Michael and Deborah Conway, who in 2008 found water infiltration around some windows and concluded it came from construction defects.

The Supreme Court held that "an action for breach of the implied warranty requires contractual privity between the parties," and reversed the Superior Court, which had allowed the Conways' claim. The Court said whether to extend the warranty to later buyers "is a matter of public policy properly left to the General Assembly."

The ruling had limits of its own. The opinion notes that the Conways' "complaint did not include a claim in negligence or in breach of an express contract," so the Court did not rule on those theories. Questions about a specific house belong with a Pennsylvania real estate attorney.

What Building Code Applies to a New Pennsylvania Home?

As of October 2026, Pennsylvania's Department of Labor and Industry (DLI) says the Uniform Construction Code update to the 2021 International Codes took effect January 1, 2026. Under 34 Pa. Code 403.21(a)(7), the 2021 International Residential Code (IRC) is adopted with Pennsylvania exceptions.

DLI also says "Over 90% of Pennsylvania's 2,562 municipalities" enforce the UCC locally with their own staff or certified third-party agencies. The municipality's code office can confirm which code edition and amendments apply to a specific house.

Code inspections show up in Pennsylvania's Real Estate Seller Disclosure Law too. Section 7302(a)(2) exempts never-occupied new construction from the disclosure form when the buyer has received a "one-year or longer written warranty," the dwelling has been inspected for compliance with the applicable building code, and a certificate of occupancy or a certificate of code compliance has been issued. Earlier stages have their own inspections: see what a new construction pre-drywall inspection is and why buyers get a new construction home inspection before closing in Pittsburgh.

How Should You Report What the Inspection Finds?

In writing, and by the method your warranty names. Residential Warranty Company (RWC) tells homeowners to "send a clear and specific letter to your Builder, describing the problem and requesting a response," then notify RWC in writing "by mail to the Administrator's address or by email." As of October 2026, RWC says it does not accept telephone or fax requests.

HUD-92544 also calls for written notice to the warrantor, and it says its warranty "shall be in addition to, and not in derogation of, all other rights and privileges."

Attach the relevant pages of the inspection report, list each item separately, and keep a copy of what you sent and when. If the report feels long, start with this guide on how to read a home inspection report without feeling overwhelmed.

FAQ

When should you schedule an 11-month warranty inspection?

Count from the start date in your warranty documents and book it so the report arrives before the first-year term ends. Under HUD-92544, the year runs from conveyance of title or initial occupancy, whichever first occurs.

What does 1-2-10 mean on a builder warranty?

One example, 2-10 HBW's New Jersey booklet, sets 1 year workmanship, 2 years distribution systems, 10 years structural. Residential Warranty Company also labels its insured structural warranties "1-2-10" and points to "the time period specified in your warranty book."

Can you phone the warranty company to report a defect?

Not with Residential Warranty Company (RWC), which says, as of October 2026, that it does not accept telephone or fax requests. It asks for a letter to the builder, then written notice to RWC by mail or email.

Can a second owner sue the builder for breach of the implied warranty in Pennsylvania?

Under Conway v. Cutler Group, Inc. (Pa. 2014), a later buyer of a previously inhabited home may not recover contract damages for breach of the builder's implied warranty of habitability. The Court did not decide negligence or express contract claims, which the Conways had not raised.

Does a new home come with a Pennsylvania seller disclosure form?

It may not. Section 7302(a)(2) of the Seller Disclosure Law exempts never-occupied new construction with a one-year or longer written warranty, a code compliance inspection, and a certificate of occupancy or code compliance.

New Construction Inspections From First Class Home Inspections

First Class Home Inspections, a Pittsburgh, PA home inspection company with InterNACHI Certified Professional Inspector certification, recommends in its FAQ that new construction buyers schedule inspections at three points: before the drywall goes up, when the home is complete, and at the 11-month warranty stage. Its new construction and pre-drywall inspections include a check of framing, electrical, plumbing and HVAC before drywall installation, and the company uses thermal imaging and moisture meters. After the builder makes repairs, a follow-up inspection can verify the contractor's corrections.

Visit First Class Home Inspections or call (570) 660-9337 today. Contact us for more information.