Owner’s Duty To Mitigate and Maintain

It is important to realize that you are required to maintain your new home and mitigate any damages to your new home, including damage caused by defects or water penetration. You must take all reasonable steps to restrict the damage to your new home if the defect requires immediate attention.

For defects covered by Lucullan, the duty to mitigate is met through a timely notice in writing to us with our Warranty Service Request or contacting us directly in case of an emergency. Subsequent damage will be your responsibility (typically covered by your home insurance).

An owner’s duty to mitigate survives even if:

• The new home is unoccupied.
• The new home is occupied by someone else other than the homeowner.
• Water penetration does not appear to be causing damage.
• The owner advises us about the defect, and Lucullan cannot get to it in time.

Unfortunately, if a defect occurs or is made worse due to an owner’s failure to follow the maintenance procedures provided or mitigate any damage, it will be excluded from warranty coverage.