A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a dispute resolution clause mandating arbitration of all claims. However, asserting that the minors are not bound to a contract they
Most construction contracts include express warranties. A contractor, subcontractor, or vendor may warrant its work or materials on a project for a period of time after the completion of its work or delivery of its materials. The parties to a construction contract will often negotiate the extent and length of this warranty period. But, what
In many states, the implied warranties of workmanship and habitability automatically attach to contracts between builder-vendors and new home buyers. Builder-vendors are defined as “persons or entities engaged in constructing homes on real estate they own for sale to the home buying market.” These implied warranties provide a guarantee against certain structural defects not otherwise