Breach of Implied Warranties of Fitness and Merchantability
Maronda Homes, Inc. v. Lakeview Reserve Homeowners
Association, Inc., 38 Fla. L. Weekly, 38 Fla. Port
Sewell Harbor & Tennis Club Owners Association, Inc. v. First Federal
Savings & Loan Association of Martin County, 463 So. 2d 530 (Fla. 4th
DCA 1985), the court rejected Port Sewell and affirmed that an
action for damages for breach of implied warranties of fitness and
merchantability applied to defective subdivision infrastructure improvements,
such as roadways, retention ponds, underground pipes and drainage systems, even
though these improvements do not immediately support the residences since there
met the "essential services" test. The court also refused to
retroactively apply s. 553.835, effective July 2, 2012, prohibiting such
implied warranties for off-site improvements, based on the plaintiff's vested
right in its cause of action accruing prior to this effective date, finding
that to do so would be unconstitutional.
L. Weekly S573a, Supreme
Court of Florida, Case No. SC10-2292, issued July 11, 2013. Based on certified conflict with
(From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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