Construction Law

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

By Ryan McCabe

    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.    

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Full post as published by The South Carolina Construction Law Blog on June 26, 2008 (boomark / email).