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

Implied and express warranties are two types of warranties commonly found in construction contracts. An implied warranty is a guarantee that the quality and performance of the project will meet the standards set in the contract and applicable laws. An implied warranty does not have to be explicitly stated in the contract; it is included by default. An express warranty, on the other hand, is a guarantee that is explicitly stated within the contract and is legally binding. These warranties cover specific elements of the project, such as materials or labor, and are usually backed up by specific language in the contract. In New Jersey, express warranties are generally considered to be more powerful than implied warranties in construction contracts. This means that if an express warranty is violated, the victim may be entitled to a greater financial remedy than if there had been an implied warranty. Overall, implied warranties are implied by default and can be difficult to prove in court, while express warranties specify exactly what type of quality and performance is expected of the contractor. The legal protections offered by express warranties are much stronger than those offered by implied warranties.

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

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