But being precise can help avoid workmanship disputes altogether (for the most part, at least). Ultimately, the biggest problem with “good and workmanlike manner” is that it’s an incredibly vague standard. The work of multiple trades might have to be ripped out and replaced – and the party who performed shoddy work might have to foot the bill. Every trade is intertwined in some way or another, so it’s not hard to see how one party’s poor work on a project could have a dramatic ripple effect across multiple parties working on the same project. If that sounds bad, keep in mind what that might entail. Any costs caused by the flawed work could be in play. If that’s the case, they’ll want to deduct any costs from what was owed for the work.įor the unlucky ones, failure to complete work in a good and workmanlike manner could get them sued for damages. Still, there’s a strong chance that the customer will want to bring someone else in to do the repairs or replacement. Plus, having the work repaired or replaced will almost always be easier than starting a legal battle. Many states have construction defect procedures on the books, and in many cases, a contractor or sub get the opportunity to fix whatever issues are present with the work. The lucky ones might have a chance to correct the work. So what happens any other time when contracts are breached? In other words, any time a construction contract is executed, it’s already legally assumed that the job must be done in a good and workmanlike manner.Įxtremely Important Info about Workmanship Warranties: An Implied Good Workmanship Warranty Exists for ALL Construction WorkĪs mentioned above, even if it’s not in your contract… it’s in your contract. It’s actually read-into construction contracts as an implied warranty. The good and workmanlike manner standard doesn’t even need to appear in the contract. Even When It’s Not in the Contract… It’s Still in the Contract But when it’s clearly set out under contract, be extra sure you’re following the standard set forth in the agreement. That’s great! Chances are, you’re already holding yourself to that standard anyway. That’s true, even though no one seems to really nail down what exactly that entails.Īt times, you might run across a contract that’s extremely thorough and defines what that standard means, exactly, for the purposes of that job. It’s extremely common for contracts to require work be done in a good and workmanlike manner. Every job must be performed up to this standard. You already know the answer to this question. When work is provided free from defects, done according to plan, and performed to industry-accepted standards, that work will very likely be considered done in a good and workmanlike manner. Even if those words don’t appear in your contract, every construction contract imposes on the contractor the duty to perform in a workmanlike manner. That’s why, as a contractor, it’s crucial to understand the standard that your performance will be evaluated against. The standard even varies state by state! Instead of worrying about what’s considered “workmanlike”, adopting a higher standard for quality of work might be a good idea. Unfortunately, there’s not really a cut and dry standard of what’s considered workmanlike. In most cases, that’s true! Still, it’s common for property owners to dispute payment because, as they allege, work is defective or done poorly. Obviously, everyone feels like they’ve performed a job well done. Determining whether something has been done in a good and workmanlike manner can be incredibly subjective. The first part of understanding a “good and workmanlike manner” is understanding that it’s a bit of a moving target. They’ve moved onto a new one: “that degree of efficiency and knowledge which is possessed by those of ordinary skill, competency, and standing in a particular trade or business for which the contractor is employed.” Many jurisdictions have moved away from the above definition. Initially, courts defined it as, “ the way work is customarily done by other contractors in the community.” Well, what if your community does crappy work? The phrase refers to the acceptable standard for quality for work and materials on a construction project.
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