CONDOMINIUM DEFECTS IN NEW CONSTRUCTION
Problems in condominium construction are not uncommon. Different types of claims for construction defects can be filed.
A. Breach of Implied Warranty of Merchantability
For the sale of goods, the law creates or implies a warranty that goods are reasonably fit. That means they should be of average or decent quality, not perfect, but not substantially below average either.
1. Does the Implied Warranty Apply to Construction Defects
Implied warranties apply to sale of goods. If the predominant feature of a transaction is the provision of services, then the warranty does not apply. Most courts have held the implied warranty applies to the sale of new condominium.
2. Can the Warranty be Disclaimed.
A prominent disclaimer such as this sale is AS IS may be sufficient to disclaim or eliminate the implied warranty. Contrariwise, small print on the back of a form is likely insufficient.
B. Express Warranty in Construction Defect Claims
Typically an express warranty is a guarantee over a certain period of years. If the seller fails to repair or comply there is a breach. Additionally, an express warranty can be created where there are specific representations in brochures or otherwise regarding the time of construction or the performance to be expected.
C. Consumer Fraud Construction Claims
Misrepresentations can create liability under the Consumer Fraud Act. For example, a representation that a particular quality of pipe will be used can create liability where a cheaper type is substituted. For home improvement, there are specific regulations governing home repair.
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QUALIFICATIONS AND EXPERIENCE OF THIS LAW OFFICE
Howard A. Gutman has successfully handled over 500 lemon law and breach of warranty cases. He wrote the Year 2000 Legal Handbook, a book dealing with computer warranties, and is considered an authority on all types of warranties. Before establishing his own practice, Mr. Gutman was employed by a leading law firms in New Jersey and a prominent international law firm in the Wall Street area. He has appeared on Good Day New Jersey been interviewed by NBC Nightly News and Newsday.
HOW DO I CONTACT YOU
Law Offices of Howard A. Gutman,
1259 Route 46, Parsippany, New Jersey 07054
(973) 257-9400, E-mail Howian@aol.com
We handle the following types of construction claims
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