An Implied Warranty of Good and Workmanlike Quality Extends to the Repair and Modification of Existing Tangible Goods: Melody Home Manufacturing Co. v. Barnes
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Explores the trend in Texas courts to broaden section 17.50(a)(2) of the Texas Deceptive Trade Practices Act, which covers the breach of implied warranties. Appellate decisions have extended an implied warranty to consumers involved in service contracts that service providers perform services in “a good and workmanlike manner,” and the Texas Supreme Court upheld this concept in Melody Home Manufacturing Co. v. Barnes. The author of this article examines the recent history of this trend and expresses concerns relative to court expansion of legislative intent and the economic impact on professional and nonprofessional service providers.