Theoretically, in a construction situation, in addition to a claim for contractual breach of implied warranty of correctness of plans and specifications, breach of implied covenant to perform work in a good and competent manner, and/or breach of implied covenant to provide necessary items within owner’s control, (1) is it possible to also claim negligent violation of these same implied warranties and covenants? I have seen a parallel where a tenant can claim a breach of rental agreement through breach of the implied warranty of habitability and, in addition, negligent breach of implied warranty of habitability. The same goes for the implied covenant of quiet enjoyment.
Negligence is a key concept of injury liability, and occurs when someone fails to take a reasonable amount of care to avoid injuring others.
by attorney Christopher Davis
Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.