The Ohio Supreme Court issued a decision in Jones v. Centex Homes this week and concluded that a home builder’s obligation to construct a home in a workmanlike manner cannot be waived in contract.
The facts underlying the suit center around metal joists that were used in construction of the home that emitted a magnetic field. The magnetic field from the metal joists interfered with the home buyer’s electronics and caused several electronic devices to fail.
The home builder argued that the warranties included on the home were contained in the contract, and if the defect was not specifically warranted in the contract, the home builder owed the home buyer no legal obligation. The Ohio Supreme Court disagreed, ruling “a home builder’s duty to construct a house in a workmanlike manner using ordinary care is a duty imposed by law, and a home buyer’s right to enforce that duty cannot be waived.”