Beck v. Vaughn

By Judge J. Howe Brown, Jr.

Before the court for decision is the question of whether a homeowner must give notice to a builder of a breach of the statutory implied warranty under Va. Code § 55-70.01 as a condition to bringing an action for breach against the builder. I find no such requirement in the statute and decline to impose one.

Absent a statute, in Virginia, there is no implied warranty of workmanship or structural integrity in the sale of a new dwelling. In fact, Va. Code § 55-70.1 was enacted to provide such a warranty that the Supreme Court had declined to imply in Bruce Farms v.…