What is the difference between implied and express warranties in construction contracts?
The difference between implied and express warranties in construction contracts refers to the level of responsibility taken by the contractor for the quality of the finished product. In Florida, implied warranties are those that are not explicitly stated in the contract but are understood to exist by the law. For instance, an implied warranty of fitness for a particular purpose applies when a contractor builds something to be used for a particular purpose and wants to be sure it will perform correctly. Express warranties are those that are explicitly stated in the contract, such as a warranty of workmanship, which states that the contractor will guarantee the workmanship of any materials they provide. Implied warranties are more difficult to prove because the terms must be legally determined. On the other hand, express warranties are clearly stated in the contract and therefore are easier to prove in court. In construction law, express warranties provide more protection for the customer. They allow the customer to successfully sue for damages if the contractor cannot provide the specified quality of work. In summary, the main difference between implied and express warranties in construction contracts is that implied warranties are those that are legally understood to exist even though they are not explicitly stated, while express warranties are explicitly stated in the contract. Express warranties provide more legal protection to the customer.
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