Implied Warranty Recognized in Commercial Construction
March 25, 2010In an opinion and order issued March 12, 2010, Federal Court in the Southern District of Texas recognized, under Texas law, the existence of implied warranty of good and workmanlike performance in commercial construction.
In denying a motion for summary judgment filed against a BoyarMiller client, the Judge’s accompanying opinion held that the implied warranty extends beyond ordinary vulnerable home buyers in the residential context to sophisticated entities in a commercial context, where the contractor failed to complete the work it was required to perform under the parties’ contract.