Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)

Citation: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Parent Document: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Jurisdiction: Montana (state)
Effective Date: 1988-01-21
Original Source: https://www.courtlistener.com/opinion/8069276/samuelson-v-aa-quality-construc... ↗

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*223We considered this implied warranty of habitability initially in Chandler v. Madsen (1982), 197 Mont. 234, 642 P.2d 1028. In Chandler, the footings and foundation of the home began to settle due to a condition of the soil upon which the house was built. Doors and locks failed to operate, walls cracked, floors bulged, windows broke, plumbing bent, fixtures and walls separated, and the foundation lowered as much as 3.6 inches in spots. The home truly was uninhabitable. Chandler, 642 P.2d at 1030. At that time, we held that the builder-vendor of a new home impliedly warrants that the residence is constructed in a workmanlike manner and is suitable for habitation. Chandler, 642 P.2d at 1031. We again considered the warranty in Degnan v. Executive Homes, Inc. (Mont. 1985), [215 Mont. 162,] 696 P.2d 431, 42 St.Rep. 262. In Degnan the home was built upon unstable ground. The hillside began slipping downward causing severe structural damage to the home rendering the home truly uninhabitable. 696 P.2d at 433. In that case we stated that “[t]he implied warranty places on the builder-vendor liability for defects in a structure which make it uninhabitable.” Degnan, 696 P.2d at 434.

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