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Breach of Warranty

Warranties, otherwise commonly referred to as guarantees, define the liability and limitations of a contractor for construction defects that arise during and after a construction project. A breach of warranty occurs when a contractor is unwilling to fulfill their contractual warranty obligations. A breach of warranty can include both express and implied warranties. If you find yourself involved in a breach of warranty, it is highly advisable to seek the council of an experienced Tampa construction lawyer as soon as possible.

Express Warranties

Express warranties are warranties that are outlined within a construction contract that set forth specific promises or guarantees of quality standards and workmanship. A typical express warranty within a construction contract may include a guarantee that the work performed will be free from defects for a certain period of time and conform to contractual obligations or the contract may simply include a general warranty of quality. A general warranty of quality is a guarantee that the proper materials and due care will be used to complete a project. Have a construction lawyer in Tampa review your construction contracts to ensure that the appropriate express warranties are in place.

Implied Warranties

Implied warranties apply to all construction contracts that are required by law, and are in addition to any express warranties that are outlined within the construction contract. To learn how implied warranties affect your construction contracts, we recommend consulting one of our Tampa construction lawyers.

Implied Warranty of Good Workmanship

An implied warranty of good workmanship guarantees that the performer will provide construction services in a diligent, reasonably skillful, and good workmanlike manner. This warranty does not guarantee that the end result of the project will be perfect, but it does require the work to meet an industry standard.

Implied Warranty to Construct According to Plans

An implied warranty to construct according to plans is a guarantee that the construction will be performed according to the agreed-upon plans. According to Florida case law, a cause of action for breach of implied warranty to construct according to plan must meet three basic elements:

1. The performer was required to construct according to plans filed with local governing authorities,

2. The performer failed to construct according to plans,

3. Damages were suffered as a result of the performer’s failure to construct according to plan.

To speak with a construction lawyer regarding a breach of warranty, please call us at 813.579.3278 or submit our contact request form today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.