(3) Damage to real property which is not part of the home covered by the
warranty and which is not included in the purchase price of the home.
(4) Any damage to the extent it is caused or made worse by any of the following:
(a) Negligence, improper maintenance, neglect or improper operation by anyone
other than the builder or any employee, agent, or subcontractor of the builder.
(b) Failure by anyone other than the builder or any employee, agent, or
subcontractor of the builder to comply with the warranty requirements of manufacturers
of appliances, equipment, or fixtures.
(c) Failure by the owner to give written notice by registered or certified mail to
the builder of any defect within the time set forth in R.S. 9:3145. However, the
provisions of this Subparagraph shall not be construed to change either the warranty
periods enumerated in Subsection A of this Section or the notice requirements provided
by R.S. 9:3145.
(d) Any change of the grading of the ground by anyone other than the builder, or
any employee, agent, or subcontractor of the builder.
(e) Any change, alteration, or addition made to the home by anyone after the
initial occupancy by the owner, except any change, alteration, or addition performed by
the builder, or any employee, agent, or subcontractor of the builder.
(f) Dampness, condensation, or other damage due to the failure of the owner to
maintain adequate ventilation or drainage.
(5) Any loss or damage which the owner has not taken timely action to minimize.
(6) Any defect in, or any defect caused by, materials or work supplied by anyone
other than the builder, or any employee, agent, or subcontractor of the builder.
(7) Normal wear and tear or normal deterioration.
(8) Loss or damage which does not constitute a defect in the construction of the
home by the builder, or any employee, agent, or subcontractor of the builder.
(9) Loss or damage resulting from war, accident, riot and civil commotion, water
escape, falling objects, aircraft, vehicles, acts of God, lightning, windstorm, hail, flood,
mudslide, earthquake, volcanic eruption, wind driven water, and changes in the level of
the underground water table which are not reasonably foreseeable.
(10) Any damage caused by soil movement which is covered by other insurance.
(11) Insect damage.
(12) Any loss or damage which arises while the home is being used primarily for
a nonresidential purpose.
(13) Any condition which does not result in actual physical damage to the home.
(14) Bodily injury or damage to personal property.
(15) Any cost of shelter, transportation, food, moving, storage, or other incidental
expense related to relocation during repair.
(16) Any defect not reported in writing by registered or certified mail to the
builder or insurance company, as appropriate, prior to the expiration of the period
specified in Subsection A of this Section for such defect plus thirty days.
(17) Consequential damages.
(18) Any loss or damage to a home caused by soil conditions or soil movement if
the home is constructed on land owned by the initial purchaser and the builder obtains a
written waiver from the initial purchaser for any loss or damage caused by soil conditions
or soil movement.