– The Florida Supreme Court adopted the “essential services” test in determining whether the implied warranty of fitness and merchantability applies to improvements such as infrastructure, drainage systems, retention ponds, and underground pipes.
– The test for determining a breach of the implied warranty of fitness and merchantability is whether the premises meets ordinary, normal standards that are reasonably expected of living quarters of comparable kind and quality.
– A homeowners association brought implied warranty claims against the builder/developer that performed infrastructure and site work at the subdivision, experiencing significant drainage problems, flooding, and other damages caused by the infrastructure problems. – The Florida Supreme Court found that the implied warranty of fitness and merchantability applied to defects in infrastructure and common areas in a subdivision.
– The court determined that defects in components providing essential services to residences, such as drainage systems and roadway systems, can result in a breach of the implied warranty.
– The court held that a statute addressing liability for offsite improvements could not be applied retroactively to bar the association’s warranty claim.
https://www.jimersonfirm.com/blog/2013/07/implied-warranties-in-florida-essential-services/
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