Implied Warranty of Workmanship

The Alabama Supreme Court in Turner v. Westhampton Court, LLC, 903 So. 2d 82 (Ala. 2004) appeared to address an implied duty of workmanship in connection with Alabama construction law: The court found:

The law implies a duty upon all contracting parties to use reasonable skill in fulfilling their contractual obligations. This obligation manifests itself in the implied warranty of workmanship. While improper or faulty construction constitutes a technical performance of the contract and may survive a pure breach-of-contract action, an action alleging the breach of an implied warranty, such as the implied warranty of workmanship, can overcome this obstacle.