Corrosion by Codification: The Deficiencies in the Statutory Versions of the Implied Warranty of Workmanlike Construction
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Davis, Wendy B.
INTRODUCTION|The common law implied warranty of workmanlike construction ("IWWC"), sometimes referred to as the implied warranty of workmanlike quality, has existed for centuries. Defined in greater detail below, it is important to understand that the IWWC balances the allocation of risk between two contracting parties and the remedies available are found in common law and codification. The purpose of this Article is to compare and contrast the protections afforded by both. Codification does not favor the unwitting consumer but rather eviscerates the very heart and spirit in which the IWWC developed.| From its inception, this warranty has served to protect the consuming public. Arising from our English legal ancestry of common law and dating back to 1806, an obligation to perform in a proper and sufficient manner emerged. Simplified, where a sophisticated builder sells to a buyer who is unable to control construction and is unable to assess latent problems before they arise, common law recognizes the IWWC as "an implicit term of a contract unless the contracting parties explicitly agree to vary it." In layman's terms, the IWWC stands for the proposition that should a builder fail to deliver a residence that conforms with community standards due to latent defects, the buyer has a legal remedy, as accepted and defined by a history of cases, and in some instances, by statute...
39 Creighton L. Rev. 103 (2005-2006)
Creighton University School of Law