The Construction Claim Entitlement Type Of An Implied Warranty

1461 words - 6 pages

Table of Contents
Introduction 1
Types of Implied Warranties 2
Overview 2
Statutory Warranties (Disclaimable) 3
Common Law Warranties (Non-Disclaimable) 3
Case Study 4
Conclusion 5
Works Cited 6


This research paper will explore the construction claim entitlement type of an implied warranty. In general, contracts can often be classified according to the method by which they are created or developed. Under this classification scheme, there are two distinct contracts types referred to as express contracts and implied contracts (also known as ‘in-fact’ contracts). In express contracts, the parties manifest their assent or approval by oral or written words. In implied contracts, agreement is manifested by acts rather than by words (Sweet, 2009). An implied warranty is a specific kind of implied contract in construction law. According to the Cornell School of Law, “an implied warranty is a contract law term for certain assurances, presumed to be made, in the contract due to the circumstances of the deal” (LII, 2014). In construction disputes, assurances relating to construction plans, designs, and or specifications are the most common. Implied warranties were first recognized in the English courts of Great Britain during the early eighteen hundreds, but date back to ancient Roman and Germanic law. In the United States, implied warranties were slower to be accepted, with much more emphasis being placed by the courts on enforcing express warranties. For most of the nineteenth century in the United States, the notion of caveat emptor, otherwise known as ‘buyer-beware’, was generally widely accepted (Petitt, 2011). This notion was one-sided in favor of the seller at the expense of the buyer. A number of changes were brought about in the realm of warranties with the advent of the twentieth century, and the subsequent industrial revolution. Largely due to the mass production of goods, the concept of buyer beware generally began to recede, as more people began to put emphasis on sellers’ implied warranties of quality (Petitt, 2011). Although this trend generally was spurred by the mass production of products, the implied warranty concept was widely transposed and applied across the legal realm. In construction law, the legal claim of implied warranty can be brought about for a number of reasons. These usually pertain to deficiencies in the work where no express warranty is present. In the status quo, the concept of buyer beware is clearly gone, with more favor now leaning toward the buyer. Across the United States, the law constantly varies from state to state and many different versions of implied warranties now exist. This report will now examine the various types of implied warranties.
Types of Implied Warranties

The warranties that are generally implied in construction contracts include a warranty of merchantability, a warranty of fitness of goods, a warranty of habitability, a warranty of plans and specifications, a...

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