Can Builder's Legal Duty to Construct Home In 'Workmanlike Manner' Be Waived in Sale Contract?
Paul Jones et al. v. Centex Homes, Case no. 2010-1826
10th District Court of Appeals (Franklin County)
ISSUE: Are provisions in a new home purchase contract enforceable against the buyer if they require as a condition of the sale that the buyer must waive the builder’s common law duty to construct the home “in a workmanlike manner,” and immunize the builder from liability for any defect in materials or workmanship that was not specified in a separate limited warranty document that was not seen by the buyer before signing the contract?