Conway v. Cutler Group, Inc.
57 A.3d 155
| Pa. Super. Ct. | 2012Background
- Builders constructed the home in 2003; Conways purchased from the Fields in 2006.
- Water intrusion around master bedroom windows appeared in 2008, prompting investigation.
- Falcon Group identified defects including improper flashing, insufficient joints, lack of expansion/control joints, no weep screed, and stucco work too tight against flashings.
- Conways filed a one-count breach of implied warranty of habitability against Builder in 2011.
- Builder objected that implied warranty extends only to initial purchasers; trial court granted dismissal in 2012; Conways appealed.
- Court held the implied warranty of habitability extends to second/subsequent purchasers and reversed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether privity is required for the warranty claim to reach Builder. | Conways argue privity not required for habitability warranty. | Builder argues warranty only extends to initial purchaser. | Not required; warranty extends to subsequent purchasers. |
| Whether the claim lies where Conways fail to plead prior third-party inspection or uninhabitability. | Conways contend they alleged uninhabitability and defects; inspection not required. | Builder contends no pleading of inspection/uninhabitable condition. | Claim survives; pleading sufficient to support habitability claim. |
Key Cases Cited
- Spivack v. Berks Ridge Corp., 402 Pa. Super. 73, 586 A.2d 402 (Pa. Super. 1990) (privity not required to assert implied warranty against builder)
- Elderkin v. Gaster, 447 Pa. 118, 288 A.2d 771 (Pa. 1972) (implied warranty of habitability; builder-vendor duty to homeowner)
- Tyus v. Resta, 328 Pa. Super. 11, 476 A.2d 427 (Pa. Super. 1984) (implied warranty covers latent defects not apparent on inspection)
- Fetzer v. Vishneski, 399 Pa. Super. 218, 582 A.2d 23 (Pa. Super. 1990) (warranty implied in sale of a new home; independent of contract)
- Manor Junior College v. Kaller s, Inc., 352 Pa. Super. 310, 507 A.2d 1245 (Pa. Super. 1986) (distinguishes workmanlike warranty from habitability warranty; not controlling here)
- Redarowicz v. Ohlendorf, 92 Ill.2d 171, 65 Ill.Dec. 411, 441 N.E.2d 324 (Ill. 1982) (public policy grounds for implied warranty; independent of contract)