Express warranties are promises made in a contract, promotional materials or verbal agreements. As the name suggests, they clearly state what the contractor will do or provide. On the other hand, implied warranties are unwritten guarantees that the law assumes exist in certain situations.
The type of warranty can determine the scope of a contractor’s liability. Express warranties limit it to the specific guarantees stated in the contract. Meanwhile, implied warranties cover a broader scope, including expected quality and performance. Both can lead to legal claims if not met.
What do express warranties usually cover?
Express warranties typically include guarantees or promises about:
- The grade or durability of materials used
- The quality of the work performed
- The timeline for completion
An express warranty might promise that the contractor will use high-quality materials that meet industry standards. It may also guarantee free repairs if any problems due to poor workmanship show up within a year of completing the job.
It’s important to state these warranties clearly. Failing to meet them can lead to breach of contract claims and potential liability.
What are the common types of implied warranties?
Common implied warranties in Florida construction include warranties of:
- Habitability, which guarantees that a home meets basic living standards
- Fitness for a particular purpose, such as ensuring a building meets the safety codes and requirements for its intended use
- Merchantability for materials used in construction, which makes sure they are of standard quality and fit for their purpose
- Workmanlike construction, which guarantees that the work will be performed according to industry standards
While contractors cannot completely disclaim implied warranties in Florida, they can limit them to some extent through clear and detailed provisions in the contract. For example, a contractor might specify a time limit for reporting defects or limit the types of remedies available for certain issues.
However, these limits must also be reasonable and not against public policy. The court may consider limits like denying all liability for major structural defects and setting an unjustly short time limit for reporting defects to be unreasonable.
Defining warranties requires careful consideration
Well-written contracts and warranties are crucial in protecting your interests. Seek legal counsel when necessary.