Texas High Court Limits Repair Agreement Implied Warranty

Law360, Houston (March 29, 2013, 4:52 PM EDT) -- Texas' highest court on Friday ruled that a contractor's unspoken promise to make good and workmanlike repairs can be superseded by a specific written contract, extending a limitation on implied warranties that had only applied to new construction agreements.

Relying on its analysis in Centex Homes v. Buecher, which involved a residential construction contract, the Texas Supreme Court held that an express warranty contained in a contract between Southwest Olshan Foundation Repair Co. LLC and Nelda Gonzales specifically described the nature of the foundation work and...
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