We are back after a summer break with some information on warranties. Warranties can
run beyond the terms of your contract and manufacturer-specific warranties. In fact, some
warranties are statutory.
There are two main categories of warranties: Implied (based on the law) and Express or
Explicit (based on the terms of your contract). Implied warranties were created to legally hold
contractors to certain standards, especially as it relates to residential properties. The ‘Implied
Warranty of Good and Workmanlike Services’ and the ‘Implied Warranty of Good and
Workmanlike Services- Home Construction’ essentially state that when repairing or modifying
existing properties the contractor must be qualified and have proper training and skills in the
trade they are working on. Furthermore, the work they performed must be considered proficient
by those capable of judging the work (other expert lay persons). The liability for violating these
standards can last up to 12-years depending on the circumstances and discoverability of the
mistake or error.
Express warranties are those that you have stated or written into your contracts with the
property owner. These warranties usually include the quality of materials, the quality of work to
be performed, manufacturer warranties, and labor warranties. Breaching your contract is a cause
of action that can be brought against you up to 4-years after the breach.
Sometimes the express warranty can offset the implied warranty. In Texas, property
owners cannot waive their rights to implied warranties, even if explicitly stated in a contract.
But, contractors can limit their liability under implied warranties by including specific language
in their express warranties showing the expected quality of workmanship, the materials to be
used, and other sufficient details about how the contractor is to perform their job. If the terms are
not specific enough then the implied warranty will still be in full effect as to the quality of
work performed by the contractor.
Do you have further questions on this issue? Please don’t hesitate to contact the Office of
Martinez Hsu, P.C. with all of your construction and warranty related issues.
