Owner's Acceptance of Construction Waives Claim for Apparent Defects
Synthèse Legislator
Généré par l'IAA building owner, having contracted for construction work, sought to hold the contractor liable for defects discovered shortly after completion, alleging the contractor failed to meet professional standards in performing the work. The contractor defended by asserting that the defects were minor and did not render the work unfit for its intended purpose, and that the owner had accepted the work without reservation upon delivery. The court rejected the owner's claim, reasoning that acceptance of the work, in the absence of express reservations regarding apparent defects at the time of delivery, constitutes a waiver of any action based on those visible defects, leaving only actions for latent defects or non-compliance with contractual specifications that were not immediately obvious.
Regeste Legislator
Généré par l'IAOwner's Acceptance of Construction Waives Claim for Apparent Defects: The contractor defended by asserting that the defects were minor and did not render the work unfit for its intended purpose, and that the owner had accepted the work without reservation upon delivery. The court rejected the owner's claim, reasoning that acceptance of the work, in the absence of express reservations regarding apparent defects at the time of delivery, constitutes a waiver of any action based on those visible defects, leaving only actions for latent defects or non-compliance with contractual specifications that were not immediately obvious.