Nelda Gonzales v. Southwest Olshan Foundation Repair Company, LLC, D/B/A Olshan Foundation Repair Company

We decide whether the implied warranty for good and workmanlike repair of tangible goods or property in Melody Home Manufacturing Co. v. Barnes can be disclaimed or superseded. 1 The Melody Home warranty is a “gap-filler” warranty similar to the one we addressed in Centex Homes v. Buecher for good and workmanlike construction of a new home. 2 As in Buecher, we hold that parties cannot disclaim but can supersede the implied warranty for good and workmanlike repair of tangible goods or property if the parties’ agreement specifically describes the manner, performance, or quality of the services.…