The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Virgin Islands Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
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How to fill out Complaint Against Builder For Costs Of Repairs Made And To Be Made To House Not Constructed In Workmanlike Manner?
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As discussed, to do work in a ?workmanlike manner? means to do it skillfully, adequately, and following community standards. In a nutshell, it means that the work must be of good and acceptable quality.
In the general sense, ?good and workmanlike manner? means the quality of work performed by one who has the knowledge, training or experience necessary for the successful practice of a trade or occupation and performed in a manner that is generally considered proficient by those capable of judging such work.
Warranty of Workmanlike Performance Claims Courts imply in contracts for services that the contractor will affect the services in a workmanlike manner: that is, the contracted for work will be performed with reasonable care, skill and diligence.
Every contractor impliedly warrants that his work will be built in a good and workmanlike manner and that it will be sufficiently free of any major defects. But what exactly does that mean? The phrase refers to the acceptable standard of quality for the work you are contracted to perform.
What Are Implied Warranties? Each construction contract contains some unwritten promises. The law assumes the that these warranties exist because of their importance to the deal. In general, the implied warranties guarantee that the home or building will meet a certain standard of quality.
The good and workmanlike manner standard doesn't even need to appear in the contract. It's actually read-into construction contracts as an implied warranty. 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.
An example of an implied warranty is an assumption that the product that you buy will work. For example, if you purchase a washing machine, the assumption is that the washing machine will work and wash your clothes. If you buy a sandwich from a deli, the implied warranty is that the sandwich is edible.
?Good and workmanlike? means that quality of work performed by one who has the knowledge, training, or experience necessary for the successful practice of a trade or occupation and performed in a manner generally considered proficient by those capable of judging such work.
