Also known as: workmanlike · workmanlike manner · workmanlike performance · workmanlike workmanship
Written by attorneys · grounded in primary & secondary sources — see below
An implied warranty that attaches to the sale of new residential construction. The warranty requires the builder to design and construct the home in a reasonably workmanlike manner so that it is suitable for human habitation.
Wallace Webb purchased a newly built home from its first owner six months after Wrightway Engineering completed construction. Wallace discovered that the roof penetrations had been sealed improperly, allowing water intrusion that made portions of the home unsafe. He sued Wrightway for breach of the implied warranty of workmanlike quality. The court examined whether Wallace could enforce the warranty despite lacking direct privity with the builder.
Wesley Wells bought a nearly new townhouse from its original buyer. Wesley found that the stairways had been built below code, creating fall risks. He sued the builder for failing to meet workmanlike quality standards. The court held that the absence of a direct contract with the builder prevented enforcement of the warranty.
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Walter Washington acquired a recently constructed residence from its first purchaser. Walter discovered extensive foundation cracks that rendered the home structurally unsound. He asserted a claim against the original builder based on the implied warranty of workmanlike quality. The court assessed whether the defects impaired suitability for human habitation under the warranty standard.
Jurisdictions are divided. Some courts limit enforcement to the original purchaser in privity with the builder. Other courts extend the warranty to later buyers when latent defects impair habitability.
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The builder must design and construct the home in a reasonably workmanlike manner so that it is suitable for human habitation. Defects that render the home unsafe or uninhabitable violate the warranty.
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The warranty arises in sales of new residential construction. Courts often restrict it to the initial transaction and decline to extend it automatically to resales after the home has been occupied.
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…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…