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Bullington v. Palangio
Arkansas Supreme Court
45 S.W.3d 834 (2001)

In Bullington versus Palangio, we'll see whether implied warranties arise by operation of law to hold builders to a standard of fairness.

Jerry Bullington and Helen Palangio entered into a contract in which Bullington agreed to build Palangio's new house.

The contract held that Bullington would work in a timely manner without sacrificing quality.

The contract specifically stated that, quote, quality will not be sacrificed under any circumstances, unquote.

However, the contract didn't mention anything regarding implied warranties of habitability and proper construction.

After Bullington finished building Palangio's house, Palangio noticed many defects and less than satisfactory construction in the house. Palangio sued Bullington for negligence, breach of implied warranty, and breach of contract. The trial court found in favor of Palangio and awarded her nineteen thousand dollars of damages. Bullington appealed to the Arkansas Supreme Court, arguing that the contract between Palangio and Bullington waived any implied warranties.

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