Quote of the Day - Language is the most imperfect and expensive means yet discovered for communicating thought.
One of those contracts just got upheld, with a little bonus for the developer. In Hicks v. Sup.Ct. (Kaufman & Broad Home Corp.), the Court said that the contract not only was valid to disclaim express warranties, but also the implied warranty of quality.
This implied warranty was a judicially-created warranty, stretching back to 1974. Apparently, it has taken developer's attorneys a long time to figure a way around that doctrine.
But this time, it worked. Kaufman & Broad is understandably happy, and there will likely be a number of insurers who are, too.
Homeowners, on the other hand, have to read their contracts more carefully and understand what they're buying. You can expect this language to creep into all types of contracts now.