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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Albrecht v. Clifford, 436 Mass. 706 (2002)

Citation
Albrecht v. Clifford, 436 Mass. 706 (2002)
Parent Document
Albrecht v. Clifford, 436 Mass. 706 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-05-07

Other Sections in This Document (44)

Full Text

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The expansion of implied warranties has resulted in a blurring of the “[t]he distinction, if any, between an implied warranty of habitability and an implied warranty of good quality and workmanship ... in decisional law throughout the country.” Council of Unit Owners of Breakwater House Condominium v. Simpler, 603 A.2d 792, 795 (Del. 1992). A number of courts use both “habitability” and “good workmanlike quality” to describe the scope of the implied warranty. See Roper v. Spring Lake Dev. Co., 789 P.2d 483, 485 (Colo. Ct. App. 1990) (contractual responsibilities of builder of new house include buyer’s right to home that is built in “workmanlike manner and one that is suitable for habitation”); Elden v. Simmons, 631 P.2d 739, 741 (Okla. 1981) (“the builder-vendor of a new home impliedly warrants that the new home is or will be completed in a workmanlike manner and is or will be reasonably fit for occupancy as a place of abode”); Elderkin v. Gaster, 447 Pa. 118, 128 (1972) (“builder-vendor impliedly warrants that the home he has built and is selling is constructed in a reasonably workmanlike manner and that it is fit for the purpose intended — habitation”).