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Implied Warranty of Habitability in Construction

On Behalf of | Feb 23, 2022 | Construction, Real Estate |

Do I have a warranty on my new home build if the warranty is not in the contract? The implied warranty of habitability requires good and ethical performance by the contractor resulting in habitability in the residence. In construction, a plaintiff can recover on a claim for breach of a common-law implied warranty of habitability if she can prove that:

  1. the defendant was a builder;
  2. the defendant built residential property;
  3. the plaintiff purchased the residential property;
  4. the defendant created a defect in the property;
  5. the defect was latent;
  6. the defect made the property uninhabitable; and
  7. the plaintiff sustained injury.

The plaintiff must prove causation by establishing the defendant’s act or omission. A latent defect must be created by the defendant’s act or omission. What makes a home uninhabitable? A defect makes the residential real property uninhabitable if it is not safe, sanitary, and otherwise fit for human habitation. The defect must be to the habitable areas of the home.

In breach of warranty actions, a plaintiff may be able to recover damages, court costs, economic loss, personal injury, prejudgment and post-judgement interest. Plaintiff will not be able to recover attorney’s fees and exemplary damages. Implied warranty of habitability may also exist during a landlord/tenant dispute.

If the builder fails to construct the home properly or fails to perform in a good workmanlike manner using industry standards, then the buyer of the property may be eligible to file a lawsuit against the builder. Contact us now so that we can connect you with an experienced construction attorney. Our number is 713-572-4900.



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