Caceci v. Di Canio Construction Corp.
Court of Appeals of New York
526 N.E.2d 266 (1988)
Di Canio (defendant) built a home for the Cacecis (plaintiffs) on soil it knew contained tree trunks, wood, and other biodegradable material, yet proceeded with construction anyway; years later, the kitchen floor began dipping due to the unstable soil, and repeated repair attempts (jacking and shimming) failed, with Di Canio attributing the problem to normal settling. A structural engineering firm the Cacecis hired concluded the entire foundation and underlying soil needed replacement to fix the problem; the trial court found Di Canio liable for negligence and breach of the implied warranty of skillful construction, and the appellate division affirmed on the warranty theory, with Di Canio appealing further.
Whether a builder of a newly constructed home provides an implied warranty that the home will be constructed in a skillful manner and free from material defects.