PART 2 This article follows Lindley Law’s blog post on implied warranties in construction contracts. While the previous article focused on warranties protecting the purchaser, this article will focus on warranties protecting the general contractor and subcontractors. The Implied Warranties Protecting General Contractors and Subcontractors The Implied Warranty of Suitability of Plans and Specifications. In nearly all construction projects, someone other than the general contractor creates the plans and specifications for a construction project. This warranty assures the general contractor that the plans and specifications were created in accordance with a reasonable standard of care and are essentially free of design errors. The Smiths hire Not…
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IMPLIED WARRANTIES IN NORTH CAROLINA CONSTRUCTION
PART 1 The construction industry is largely governed by contracts. Mr. and Mrs. Smith contract with Reputable Construction, LLC to build a single-family home. The rights and responsibilities of both parties are generally determined by the contents of the contract, as enforced by North Carolina law. The contract could include express warranties – specific stipulations providing an assurance of some particular item or service in relation to the contract. An express warranty could also be provided orally, in conversations between the Smiths and Reputable Construction. North Carolina also recognizes implied warranties in construction contracts – warranties neither explicitly included in the written contract nor orally discussed. Implied warranties…
