Also known as: workmanlike conditions · workmanlike manner · workmanlike performance
Written by attorneys — see sources below.
A standard of construction quality requiring that a newly built residence be designed and constructed to the level of competence expected from skilled builders and remain suitable for ordinary residential use.
Winona Walsh purchased a newly converted loft from the first owner. After moving in she discovered inadequate fire separation that rendered the unit unsafe. She sued the original builder for breach of the implied warranty. The court required her to show that the jurisdiction extends the warranty beyond the original purchaser in privity.
Whitney White bought a starter home from its first purchaser. Months later she found serious structural cracks caused by an improperly poured foundation. She sued the original builder alleging failure to meet workmanlike standards. The court held that she must establish privity or an extension of the warranty to subsequent buyers.
Wyatt Wilson purchased a nearly new townhouse from its initial buyer. He later discovered stairways and guardrails installed below code that created a fall hazard. He sued the builder for breach of the implied warranty of fitness and quality. The court dismissed the claim for lack of privity with the builder.
In 1974, IRM Corporation acquired a 36-unit apartment complex that had been built in 1962 and 1963. George Becker later leased one of the apartments in the complex. On November 21, 1978, Becker slipped and fell against the frosted glass shower door in his apartment; the door was made of untempered glass, broke on impact, and severely lacerated his arm. Prior to the acquisition, two IRM officers walked through most of the apartments and observed that all shower doors were of frosted glass and appeared identical. From acquisition until the 1978 accident, IRM received no reports of accidents involving the shower doors and was not advised that any were made of untempered glass. After the accident, IRM learned that 31 of the 36 shower doors were untempered; its maintenance man replaced them and stated that the only way to differentiate the glass types was by a very small mark in the corner of each piece, which was not visible upon ordinary inspection. Becker sued IRM for personal injury, asserting causes of action for strict liability and negligence. IRM moved for summary judgment. Becker filed no opposing affidavits. The trial court granted summary judgment and denied reconsideration. While the case was pending, Becker settled with the builder and a door assembler and installer for $150,000 plus an additional $50,000 contingent on the outcome against remaining defendants.
View caseJurisdictions are divided. Some courts limit enforcement to the original buyer in privity while others extend protection to later purchasers when defects are latent and affect habitability.
The plaintiff must show purchase of a new home from a builder-vendor, that the home was not constructed in a reasonably workmanlike manner, and resulting damages from the defect.
Courts often weigh the length of prior occupancy and whether defects remained latent. Extended use by the original owner can weigh against extension of the warranty to later buyers.
An express disclaimer between the subsequent buyer and the first owner does not affect the implied warranty that may or may not run from the builder, but the absence of privity remains the primary barrier in restrictive jurisdictions.
Extension protects buyers from hidden construction defects that impair habitability and holds builders accountable for substandard work they are best positioned to prevent.
…should be held to what is impliedly represented — that the completed structure was designed and constructed in a reasonably workmanlike manner." ( Id. at p. 380.) Similarly, application of strict liability in tort has not been limited to those engaged in commerce in personalty but has been applied where appropriate to those…