Section 6.27 Warranty of Work Performed in Workmanlike Manner

• Library: Construction Law 2016 Supp

2. (§6.27) Warranty of Work Performed in Workmanlike Manner

It is also well-established that every contract to perform work, including construction work, contains an implied agreement that the work will be done in a skillful and workmanlike manner. Baerveldt & Honig Constr. Co. v. Szombathy, 289 S.W.2d 116 (Mo. 1956); Jake C. Byers, Inc. v. J.B.C. Invs., 834 S.W.2d 806 (Mo. App. E.D. 1992); Biggerstaff v. Nance, 769 S.W.2d 470 (Mo. App. S.D. 1989). If the warranty is not expressly set forth in the written contract, it will be implied in law. Buder v. Martin, 657 S.W.2d 667 (Mo. App. E.D. 1983). A party seeking to enforce a building or construction contract has the burden of proving that the building was...