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Implied Warranties in Residential Construction Contracts

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Generally speaking, contracts are an effective tool for not only crafting binding agreements between an owner and contractor, but also for laying out important details and information so all parties are privy to the proposed costs, timelines, and expectations of a project. Typically, this information is explicitly stated to avoid the types of misunderstandings that often lead to disputes; however, when it comes to warranties, you must be cognizant of both articulated and implied warranties that can affect your project without necessarily being written into your contract.

One of the best ways to protect yourself against being negligent of implied warranties is to partner with a Florida construction lawyer from Cotney Construction Law to review your contracts and eliminate any uncertainties you’re having about your contract. In this article, our Florida construction lawyers will briefly discuss implied warranties in construction contracts and how they can affect contractors.

Types of Implied Warranties

You’re probably familiar with express warranties. These are the warranties written in a contract between a contractor and owner. Express warranties are clearly articulated to ensure that both parties are aware of how they can affect the project designated in the contract. Conversely, implied warranties are not clearly articulated but present a justifiable defense against poorly constructed or maintained structures that limit habitability. In residential construction, there are two main types of implied warranties of quality:

  • Implied Warranty of Habitability: guarantees that the house being constructed is free of defects and habitable upon completion.
  • Implied Warranty of Skillful Construction:focuses on the quality of work being performed. If the owner has an issue with the work being performed, the contractor may be obligated under law to fix the problem.

Disclaiming an Implied Warranty

According to the Cornell Law website, implied warranties are “controversial,” which might explain why many courts allow these warranties to be modified or disclaimed. Nonetheless, there have been many cases where implied warranties have been upheld when parties tried to disclaim them in a conspicuous or specific way. Customarily, if you want to avoid a lawsuit related to an implied warranty, your best course of action is to come to an agreement with the owner.

Hire a Florida Construction Lawyer for Implied Warranty Help

When it comes to contracts and negotiations, nothing implied is ever simple. If you want to ensure that you are protected against implied warranties, an experienced Florida construction lawyer can review your contract to help you get a better understanding of your obligations. In addition, they can file any necessary paperwork and provide you with representation in court.

If you would like to speak with our Florida construction lawyers, please contact us 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.