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I'm a home improvement contractor in ny state. My contract states nothing about a warranty. Is there a warranty for construction under NY State law that overrides a contract warranty?
Optional Information: Country relating to Question: United States State (if USA): New York
In NY, even when no express warranty is given, there are implied warranties inherent in every contract (the warranty of merchantability and warranty that the workmanship is non-negligent) See: NY UCC Law 2-314. This means that even if there is no express warranty, if your work is found to be not fit for the intended purpose or it is found negligent, the customer can still demand you repair the work and there is a 6 year Statute of Limitations on such claims. However, if they cannot prove your workmanship was negligent or not fit for the intended purpose, there are no other warranties unless you grant them.
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