Three Breach Of Implied Warranty Claims Under Florida Construction Law

In its most basic sense, an implied warranty under Florida new construction law is one party’s promise to perform services according to terms or standards that may not be expressly stated in the contract. Of course, because the term means “strongly suggest,” a lot is open to interpretation on either side of an implied warranty. There is often a big difference between what an owner expects and what a developer or contractor delivers, so disputes may develop over three specific types of breach of implied warranty claims.

Your Florida defective construction attorney can explain the specifics as they apply to your situation, but an overview of the causes of action may be helpful. The three categories of suits for breach of implied warranty include:

1. Failure to Construct According to Plans: When builders are required to file building plans with government agencies, they impliedly promise that they will complete the project according to the specifications contained therein. Failure to complete construction in compliance with the plans is a breach for which an owner may be able to recover damages, usually in the amount required to ensure the property matches specifications. 

2. Failure to Construct in a Good and Workmanlike Manner: To make a claim for this type of breach of implied warranty in construction, an owner must prove:

• A contractor promised to provide construction materials and/or services, with knowledge of the purpose behind the construction project;
• The property owner relied upon the contractor’s expertise to perform construction-related services and provide materials in a workmanlike manner;
• The contractor’s workmanship was not in accordance with the particular purpose for the project; and,
• The property owner suffered damages as a result. 

3. Failure to Construct a Residence Which is Reasonably Habitable: The focus of claims based upon this concept is whether new construction serves the purposes of the property owners as inhabitants. The key with an implied warranty of habitability is whether the project, as completed, is reasonably suitable for its ordinary or general purposes – rather than some specific need that the builder should have known. 

Implied Warranties and Disclaimers: Keep in mind that a Florida contractor can disclaim these implied warranties in the construction contract. It will be necessary to include clear, concise language about the parties’ expectations, usually through specific mention of implied warranties by name. A blanket statement of general disclaimers may not be sufficient. Plus, the provisions should be in bold and/or uppercase font to ensure the parties do not overlook important terms.

Consult with Our South Florida Construction Contract Lawyers Today

Hopefully, this summary of options for breach of implied warranty in a construction contract helps you understand the basics. There are many other details that come into play when a dispute develops, so it is wise to trust our team at Linkhorst & Hockin, P.A. for assistance. For more information, please contact our offices in Jupiter, FL to set up a consultation. We can offer additional advice and answer your questions after reviewing your circumstances.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0553/Sections/0553.835.html