Laws vary from state to state, but the implied warranty of good and workmanlike repair of tangible goods or property attaches to a contract if the parties’ agreement does not provide for the quality of the services to be rendered or how such services are to be performed. And some courts have held that this implied warranty may not be waived or disclaimed.
Thus, the implied warranty of good and workmanlike repair or modification to tangible goods or property is a gap filler warranty that implies terms into a contract that fails to describe how the party or service is to perform. Although the parties cannot disclaim this warranty outright, an express warranty in their contract can fill the gaps covered by the implied warranty and supersede it if the express warranty specifically describes the manner, performance, or quality of the services.
The elements of a claim for breach of the implied warranty of good and workmanlike performance of services for the repair or modification of existing tangible goods or property are (1) the defendant sold services to the plaintiff; (2) the services involved the repair or modification of existing tangible goods or property; (3) the defendant failed to perform the services in a good and workmanlike manner; and (4) the defendant’s failure to perform the services in a good and workmanlike manner injured the plaintiff.
The term existing tangible goods refers generally to all moveable personal property other than money. The term repair means to restore by replacing a part or putting together what is torn or broken. The term “modification” broadly includes any change or alteration that introduces new elements into the details of the subject matter, or cancels some of them but leaves the general purpose and effect of the subject matter intact.
And the term good and workmanlike means that quality of work performed by one who has the knowledge, training, or experience necessary for the successful practice of a trade or occupation, and performed in a manner generally considered proficient by those capable of judging such work.
In South Dakota, the concept of an implied warranty of good and workmanlike repair or modification to tangible goods or property serves as a default assurance that services will be performed competently and with a certain quality when a contract does not specify the standards or manner of performance. This implied warranty cannot typically be waived or disclaimed, ensuring that consumers receive services that meet basic professional standards. If a service provider fails to perform repairs or modifications in a good and workmanlike manner, they may be liable for breach of this implied warranty. The elements of such a claim include the sale of services, the involvement of existing tangible goods or property, a failure to perform in a good and workmanlike manner, and resultant injury to the plaintiff. 'Existing tangible goods' refers to movable personal property, 'repair' involves restoration, and 'modification' refers to changes that alter but do not fundamentally change the purpose of the item. 'Good and workmanlike' means the work is performed by someone with the necessary knowledge and skills, and in a manner considered proficient by those qualified to evaluate it. While South Dakota law does not explicitly outline these terms, the principles are generally derived from common law and are consistent with the Uniform Commercial Code (UCC), which South Dakota has adopted. An express warranty provided in a contract can supersede the implied warranty if it specifically outlines the quality and performance standards of the services to be rendered.
