Also known as:workmanlike · workmanlike performance
Written by attorneys · grounded in primary & secondary sources — see below
A contractual standard requiring that new residential construction be performed with the degree of skill and care that a reasonably competent professional in the trade would exercise under similar circumstances. This standard supports an implied warranty that the home is designed and built so that it is suitable for human habitation.
Sources & Authorities
How it applies
Common Examples
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Subsequent Buyer Faces Defect
Wilma Wright purchased a newly converted loft from the original owner six months after UrbanLoft Builders completed the industrial-to-residential project. Within weeks of moving in, Wilma discovered inadequate fire separation that rendered the unit unsafe. She sued UrbanLoft alleging breach of the implied warranty tied to workmanlike construction. The court first determined whether the jurisdiction permitted a subsequent purchaser lacking privity to enforce that standard against the builder.
Privity Bars Later Owner
Windham Technologies built a conservation home and sold it to Oliver. Two years later Maya bought the home from Oliver and found the geothermal system installed so poorly that mold rendered the dwelling barely habitable. Maya sued Windham Technologies for breach of the implied warranty of workmanlike construction. Because the jurisdiction required contractual privity with the builder, Maya could not enforce the standard against Windham Technologies.
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Cases
Casebooks
Hornbooks
Study Supplements
Builder Held to Standard
Wrightway Engineering constructed a new home and sold it to the first purchaser. After the home changed hands, the second owner discovered foundation cracks and floor sagging traceable to improper curing during the original pour. The second owner sued Wrightway Engineering claiming the work failed to meet the workmanlike manner standard. The court examined whether the builder could be held liable for the latent defects that impaired habitability.
Common questions
Frequently Asked
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Does the implied warranty of workmanlike construction extend to subsequent purchasers who lack privity with the builder?+
Jurisdictions are divided. Some courts limit enforcement of the warranty to the original purchaser in contractual privity with the builder-vendor. Other courts extend the warranty to subsequent purchasers when latent defects impair habitability.
Supporting sources
What must a plaintiff show to establish that construction failed to meet the workmanlike manner standard?+
The plaintiff must prove that the builder did not exercise the skill and care a reasonably competent professional would use or that the resulting home is unsuitable for human habitation. Courts treat either showing as sufficient.
Supporting sources
Can a buyer recover under the workmanlike manner standard when the contract contains an express disclaimer of warranties?+
An express disclaimer in the resale contract between private parties does not necessarily bar the implied warranty claim against the original builder. The implied warranty arises from the builder's original sale of new construction and is independent of later private agreements.
Supporting sources
How does the passage of time after the original sale affect a workmanlike manner claim?+
A significant interval during which the first purchaser occupied the home without complaint may weigh against extending the warranty to a later buyer. Courts view the warranty as tied to the period when the home qualifies as new construction.
Supporting sources
698 P.2d 116 (Cal. 1985)Property
…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…
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