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

Implied and express warranties are both legal terms used to describe the conditions of a construction contract. An implied warranty is an assumption about the performance of a product or service that is not stated explicitly in a contract. For example, when purchasing a shower, a consumer might assume it won’t leak. This expectation, although not stated in the contract, could be seen as an implied warranty. An express warranty, on the other hand, is explicitly stated in the contract. In the same scenario of purchasing a shower, the manufacturer may guarantee that it won’t leak for a certain period of time. This guarantee would be an express warranty, because it is stated in writing that the shower will perform in a certain way for a set amount of time. In terms of construction contracts in West Virginia, express warranties are most commonly used, as they cover specific aspects of the job while also providing a measure of recourse for the customer if the job is not completed according to the contract. Express warranties detail the materials, labor, and performance the contractor must provide, and if this is not up to standards, the customer has a legal basis to receive restitution. On the other hand, implied warranties are more often used with consumer products such as appliances, and they are not as commonly used in construction contracts in West Virginia.

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

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