What is the difference between implied and express warranties in construction contracts?

Implied and express warranties in construction contracts are two different types of warranty protection for construction projects. An express warranty is a promise from the contractor to the owner that the construction project will meet certain specifications. Express warranties are usually written in detail and explicit, and may state that the construction project will be completed on time, within a certain budget, and to the project’s specifications. An implied warranty is a guarantee that is not explicitly stated, but is implied by law or standard practices. An implied warranty implies that a contractor must provide materials that are of good quality and workmanship and that the work will be done according to the rules of the trade. An implied warranty also guarantees that the project will be free of any defects or flaws that could cause harm or injury to the owner. In California, implied warranties are often used when an express warranty is not specified in a construction contract. This is because an implied warranty is an implied agreement between the contractor and the owner that the contractor will complete the project according to certain standards. However, in California, owners must be careful to ensure that any express warranties that are included in their construction contracts are in compliance with California laws.

Related FAQs

What is the judicial review process for construction disputes?
What is the difference between a fixed-price contract and a time and materials contract?
What are the differences between a contractor and a subcontractor?
What are the rights of subcontractors when a contractor is paid?
What is the process for filing a lien for unpaid work in construction?
What are the legal requirements for insurance in the construction industry?
How do I protect my rights in a construction dispute?
What is the duty of care of a design professional in the construction industry?
How does the law protect contractors when disputes arise in the projects they are working on?
What is the legal process for enforcing a mechanic's lien?

What is the difference between implied and express warranties in construction contracts?

Related FAQs

Related Blog Posts