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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Heath v. Palmer, 2006 VT 125 (2006)

Citation
Heath v. Palmer, 2006 VT 125 (2006)
Parent Document
Heath v. Palmer, 2006 VT 125 (2006)
Jurisdiction
Vermont (state)
Effective Date
2006-11-20

Full Text

1,507 chars
¶ 5. Plaintiffs objected to the master's report on several grounds, but the trial court rejected plaintiffs' objections and issued a written decision adopting the report in its entirety. As noted, the policy provided generally that the builder "[stood] behind the construction of each and every home" and sought "to provide quality assurance" and represented that the builder offered "quality construction" and a "limited warranty on the construction of every home we build." The court concluded that the policy was not "an express assurance of any particular level of quality," but rather "a memorialization of the implied warranty of good workmanship" stating a process and schedule for reporting discovered defects to be repaired.[1] The court observed, correctly, that the implied warranty applied to defects latent at closing. Meadowbrook Condo. Ass'n v. S. Burlington Realty Corp., 152 Vt. 16, 19, 565 A.2d 238, 240 (1989) (noting that "the law will recognize an implied warranty only with respect to defects that were latent at the time of purchase"). The court further concluded, in agreement with the master, that the policy limited defendants' liability for all latent defects to those defects reported within one year of the closing. The court affirmed the master's damage award for breach of warranty, rejected plaintiffs' negligence and consumer fraud claims, declined to hold defendant Palmer personally liable, and denied plaintiffs' request for prejudgment interest. This appeal followed. I.