In Jones v. Centex Homes, the Ohio Supreme Court reversed a decision by the Tenth District Court of Appeals finding that homeowners may waive the builder’s obligation to construct the house properly in their purchase agreement. The Court concluded that a homebuilder’s obligation to build in a workmanlike manner is a duty imposed by law that cannot be signed away by a homeowner in the fine print of a home purchase contract. The Supreme Court went on to state that homebuilders do not have to be perfect, but they do have to construct houses “in a workmanlike manner using ordinary care.”
Prior to the Supreme Court’s decision, developers often argued that community associations were barred from commencing a lawsuit for construction defects because each owner within the association had waived his or her right to sue in a purchase agreement. Developers will no longer be able rely on this argument, as the Supreme Court clearly concludes that builders cannot insulate themselves from claims for poor workmanship by inserting a waiver provision in a homeowner’s purchase contract. By eliminating a potential defense for developers engaged in shoddy construction practices, Ohio community associations stand to benefit from the Supreme Court’s recent decision.
