The Construction Claim Entitlement Type of an Implied Warranty

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Table of Contents Introduction 1 Types of Implied Warranties 2 Overview 2 Statutory Warranties (Disclaimable) 3 Common Law Warranties (Non-Disclaimable) 3 Case Study 4 Conclusion 5 Works Cited 6 Introduction This research paper will explore the construction claim entitlement type of an implied warranty. In general, contracts can often be classified according to the method by which they are created or developed. Under this classification scheme, there are two distinct contracts types referred to as express contracts and implied contracts (also known as ‘in-fact’ contracts). In express contracts, the parties manifest their assent or approval by oral or written words. In implied contracts, agreement is manifested by acts rather than by words (Sweet, 2009). An implied warranty is a specific kind of implied contract in construction law. According to the Cornell School of Law, “an implied warranty is a contract law term for certain assurances, presumed to be made, in the contract due to the circumstances of the deal” (LII, 2014). In construction disputes, assurances relating to construction plans, designs, and or specifications are the most common. Implied warranties were first recognized in the English courts of Great Britain during the early eighteen hundreds, but date back to ancient Roman and Germanic law. In the United States, implied warranties were slower to be accepted, with much more emphasis being placed by the courts on enforcing express warranties. For most of the nineteenth century in the United States, the notion of caveat emptor, otherwise known as ‘buyer-beware’, was generally widely accepted (Petitt, 2011). This notion was one-sided in favor of the seller at the expense of the buyer. A number of chang... ... middle of paper ... ...d. Works Cited Brumback, M. D. (2010, 06 17). Implied Warranties on Construction Projects. NC, USA: Construction Law in North Carolina. LII. (2014). law.cornell.edu. Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/implied_warranty_of_fitness Parisi, M. (2012, 11 9). Pennsylvania Superior Court Declares That Second Buyers of Homes Have Same Implied Warranty Rights as Original Buyers in Claims for Construction Defects. (W. a. Alert, Ed.) Legal Insights . Petitt, R. T. (2011, July 9). Implied Warranties in Construction. Tampa, FL, USA: BBWG. Sweet, J. (2009). Legal Aspects of Architecture, Engineering and the Construction Process. Stamford , CT, USA: Cengage Learning. The Legal Intelligencer. (2012, 11 13). Conway v. The Cutler Group, Inc., PICS Case No. 12-2102 (Pa. Super. Nov. 5, 2012) Mundy, J. (16 pages). .

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