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POST EXPRESS WARRANTY OBLIGATIONS FOR LATENT DEFECTS

17th Annual Construction Law Conference

March 4 & 5, 2004
Dallas, Texas

Lewin Plunkett

Plunkett & Gibson, Inc.
San Antonio, Texas

Dominique Collins

St. Mary’s University School of Law
San Antonio, Texas

Abstract

This paper will address disputes arising out of commercial construction that arise after the standard one-year express warranty. In such disputes, you look to the contract and the limitations statutes, and there may be an implied warranty of fitness as well. The paper will refer only briefly to the new residential construction laws and dispute framework that is being addressed elsewhere in this 2004 program. The focus is on the owner and the original contractor. The implied warranty obligations of suppliers and sub-contractors and the statutes of limitations applicable to them were addressed in the 2003 paper by David Peden, Survey of Implied Warranties in Texas Construction.

Table of Contents

  • Historical Development
  • Implied Warranties in Commercial Construction?
  • Limitations
  • Contract Clauses
  • Case Application
  • Magnuson-Moss
  • Release of Exposure
  • Conclusion

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