Jones v. Centex Homes, 967 N.E.2d 1199

Jones and Sanders bought a new Centex home in 2004 and later found defective electrical performance allegedly due to magnetized metal joists.
Plaintiffs alleged multiple theories including breach of contract, warranties, negligence, and failure to perform workmanlike.
Case was consolidated with Estep v. Centex Homes (almost identical facts) after initial filing.
Trial court granted summary judgment, concluding the limited warranty controlled and waived implied warranties.
Court of Appeals affirmed, holding sale contract and limited warranty explained waivers of implied warranties.
Ohio Supreme Court held that the duty to construct a house workmanlike is a legal duty that cannot be waived by contract.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether buyer can waive the workmanlike-construction duty	Jones/Sanders argue waiver attempts are invalid	Centex contends waiver of implied warranties is permissible	No; duty cannot be waived

Mitchem v. Johnson, 7 Ohio St.2d 66 (Ohio 1966) (duty to build workmanlike; implied term of sale)
Velotta v. Leo Petronzio Landscaping, Inc., 69 Ohio St.2d 376 (Ohio 1982) (duty imposed by law to exercise ordinary care; not purely contract-based)
McMillan v. Brune-Harpenau-Torbeck Builders, Inc., 8 Ohio St.3d 3 (Ohio 1983) (extension of duty to all vendees; policy considerations)
Insurance Co. of North America v. Bonnie Built Homes, 64 Ohio St.2d 269 (Ohio 1980) (duty to build in workmanlike manner arises from contract and not public duty)