Traeger Machetanz | Davis Wright Tremaine There is a reason why contractors need to review their contracts closely and the Washington Court of Appeals’ decision in King County v Walsh Construction Company II LLC, No. 83787-7-1 (Wash. App. Ct. 2023) (“Walsh“) highlights the importance of close contractual scrutiny. In Walsh, the Court held that the contractor could maintain its implied warranty… Continue reading Words Matter – an Implied Warranty Case Before Washington’s Court of Appeals Is a Reminder
Tag: Implied Warranty
Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties
Mark W. Vyvyan | Fredrikson & Byron New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process. Homeowners may assume they have warranty coverage against construction defects, but they have often signed documents disclaiming or limiting warranty coverage. In a… Continue reading Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties
Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!
Carin Ramirez | Colorado Construction Litigation One of the thorns in the side of every construction defect defense litigator is the implied warranty claim. The “implied warranty” is a promise that Colorado law is “implied” into every contract for a sale of a new home that the home was built in a workmanlike manner and… Continue reading Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!
Developers/Declarants Are Liable For Implied Warranties To Association For Construction Defects
Daniel Miske | Husch Blackwell Facts Plaintiff, Brooktree Village Homeowners Association, Inc. (“Association”), filed suit “on behalf of itself and on behalf of its members” in May 2017 against the second developer, Brooktree Village, LLC (“Developer”). Developer had acquired the remaining undeveloped portions of the development, other than the common areas. “A construction company affiliated… Continue reading Developers/Declarants Are Liable For Implied Warranties To Association For Construction Defects
Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Michael J. Ciamaichelo | The Subrogation Strategist | January 17, 2019 The implied warranty of habitability allows a homeowner to recover damages for latent defects that interfere with the intended use of a home. In Sienna Court Condo. Ass’n v. Champion Aluminum Corp., 2018 IL 122022, 2018 Ill. LEXIS 1244 (2018), the Supreme Court of Illinois… Continue reading Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors