The South Carolina Construction Law Blog

The Blog to discuss South Carolina Law on Mechanic's Liens, Delay Claims, Acceleration Claims, Lost Labor Productivity Claims, Construction Defect Claims, Construction Contracts and other issues involving Construction Law.


By D. Ryan McCabe

Owner Who Builds His Own Home Offers No Implied Warranty of Workmalike Service nor Owes Duty of Care to Future Purchaser

Print the article

This entry was posted on 6/26/2008 9:23 PM and is filed under South Carolina Construction Law,Construction Defect,Case Law Summary.

    In the recent case of Smith v. Breedlove, 377 S.C. 415, 661 S.E.2d 67, the SC Supreme Court held that a private individual who built a home as his personal residence, acting as his own general contractor, was not considered the builder or general contractor when a subsequent buyer sued for breach of implied warranty of workmanlike service. The implied warranty of workmanlike service applies to professional builders and contractors whose expertise is relied upon by home purchasers. Because the respondent never held himself out as a licensed contractor or made any misrepresentations to the buyer the implied warranty did not apply.

    The appellants’ claim for negligence was also denied. The Court held that since the respondent built the home for himself he did not owe a duty to any future purchaser when no such sale was reasonably expected.    

    This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.

 

What did you think of this article?




Trackbacks
Trackback specific URL for this entry
  • No trackbacks exist for this entry.
Comments
    • No comments exist for this entry.
Leave a comment

Submitted comments will be subject to moderation before being displayed.

 Enter the above security code (required)

 Name

 Email (will not be published)

 Website

Your comment is 0 characters limited to 3000 characters.