Also known as: workmanlike · workmanlike manner · workmanlike performance · workmanlike workmanship
Written by attorneys — see sources below.
An implied warranty that attaches to the sale of new residential construction. The warranty requires the builder to design and construct the home in a reasonably workmanlike manner so that it is suitable for human habitation.
Wallace Webb purchased a newly built home from its first owner six months after Wrightway Engineering completed construction. Wallace discovered that the roof penetrations had been sealed improperly, allowing water intrusion that made portions of the home unsafe. He sued Wrightway for breach of the implied warranty of workmanlike quality. The court examined whether Wallace could enforce the warranty despite lacking direct privity with the builder.
Wesley Wells bought a nearly new townhouse from its original buyer. Wesley found that the stairways had been built below code, creating fall risks. He sued the builder for failing to meet workmanlike quality standards. The court held that the absence of a direct contract with the builder prevented enforcement of the warranty.
Walter Washington acquired a recently constructed residence from its first purchaser. Walter discovered extensive foundation cracks that rendered the home structurally unsound. He asserted a claim against the original builder based on the implied warranty of workmanlike quality. The court assessed whether the defects impaired suitability for human habitation under the warranty standard.
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 purchaser in privity with the builder. Other courts extend the warranty to later buyers when latent defects impair habitability.
Supporting sources
The builder must design and construct the home in a reasonably workmanlike manner so that it is suitable for human habitation. Defects that render the home unsafe or uninhabitable violate the warranty.
Supporting sources
The warranty arises in sales of new residential construction. Courts often restrict it to the initial transaction and decline to extend it automatically to resales after the home has been occupied.
Supporting sources
…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…