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Contracts Keyed to Knapp
Caceci v. Di Canio Construction Corp
Facts
Defendants entered into a $50,000 construction agreement with Plaintiff to build a new home. The construction contract, which contained a standard integration clause, gave Plaintiffs an express warranty for one year from title closing for replacement or repair of any defects or defective parts. Although the contract did contain several other limited warranties pertaining to workmanship, the contract explicitly held that such warranties would not survive past the date of closing. Nearly four years after the closing, Plaintiffs noticed that the kitchen floor was dipping. After Defendants made several unsuccessful attempts to repair the floor, Plaintiffs hired a third party who determined that the dipping resulted from the house being built on poor foundation. Plaintiffs then sued Defendants to recover the costs of the repairs. The trial court returned a verdict for Plaintiffs on the basis of negligent construction and breach of implied warranty of workmanlike construction. Pictorial evidence was produced at trial showing that Defendants knew, at the time of construction, that the foundation was faulty. Based on Defendants’ knowledge, the trial court awarded judgment for the Plaintiff.
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