Contracts & Forms

How to use the MBA Standard Contract, Forms, and Warranty Documents 

The contracts are available to MBA members in Microsoft Word. Members can download these documents and save them to a PDF form. Please note the policy on modifications, additions and deletions below. 

Policy Regarding Use and Revisions to the MBA Standard Contracts & Forms 

The MBA contracts and MBA Forms have been copyrighted for the exclusive use of MBA members. The MBA standard contracts, Contracts and forms are respected by the industry, the court system and the home buying public.  All contracts, Contracts and forms are viewed as being fair and balanced to all parties. It is important to stress the MBA contract is to be utilized only by MBA members in a consistent manner. As a result, the Board of Directors asks all members to abide by the following policy when utilizing any MBA document. Should you no longer be a member of the MBA, you must immediately cease all use of MBA standard Contracts and Forms. 

Modifications -  Additions – Deletions -  If a member is utilizing any copyrighted MBA document, the member shall refrain from making any material modifications to the standard terms covered in the document unless the modification is clearly and visibly shown on the contract or in an addendum.  If there are any modifications, additions, deletions to the standard document that are not clearly designated on the contract and form, then these items shall be included as an addendum to the MBA standard document.  Failure to incorporate such an addendum or clearly denote any changes to the standard contract or form is an ethical violation and against copyright law. MBA members who make material changes from the standard document that are not clearly indicated must refrain from making any reference to the MBA standard document (e.g. “MBA contract as revised by XX Builder” is not permissible) if it is not the identical contract with an addendum or an identical contract with such modifications clearly shown on the contract or form. 

A member is free to use their own contract without reference to the MBA Standard contract. 

As Contracts are reviewed and updated, members must use the latest versions as they are approved. If a member chooses to use an older version, they must remove the MBA logo and use it at their own risk. Should a company cease to be a member in good standing, they must stop using any and all MBA Standard Contracts and Forms. 

How to use the Builder's Residential Limited Warranty Form 

When building for a customer by contract – It is recommended that the Builder have the homeowner sign the Standard Builder’s Residential Limited Warranty Form at the time of the construction contract.  If the Builder is uncomfortable with this approach, the Builder should provide this document to the customer at the time the construction contract is signed and should document that the homeowner did received the Form. Any Special Provisions should be included in Paragraph 12 special conditions or in a separate addendum.  Any material change to this copyrighted document must be clearly noted. 

When selling a model or speculative home – It is recommended that the Builder have the homeowner sign the Standard Builder’s Residential Limited Warranty Form at the time of closing. Any Special Provisions should be included in Paragraph 12 special conditions or in a separate addendum. Any material change to this copyrighted document must be clearly noted. 

Residential Home Improvement Consumer Statement for Insurance Claims 

When executing a contract for repairs related to a claim under a property insurance policy, be sure to use the RESIDENTIAL HOME IMPROVEMENT CONSUMER STATEMENT FOR INSURANCE CLAIM document, and provide two copies of the statement to the customer. This is required under Wisconsin Statute § 100.65. Be advised that the consumer has the right to cancel the contract within three business days of notification from the insurer that the claim has been denied.