PJC Business

DTPA/I NSURANCE C ODE

PJC 102.12

PJC 102.12 Implied Warranty of Good and Workmanlike Performance—Services (DTPA § 17.50(a)(2)) Failing to perform services in a good and workmanlike manner. A good and workmanlike manner is 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 consid ered proficient by those capable of judging such work. [or] COMMENT When to use. PJC 102.12, when used with PJC 102.8, submits the claim of a breach of an implied warranty to perform services in a good and workmanlike manner. See Tex. Bus. & Com. Code § 17.50(a)(2) (DTPA); Melody Home Manufacturing Co. v. Barnes , 741 S.W.2d 349, 354 (Tex. 1987) (implied warranty to repair or modify goods or property in good and workmanlike manner); Humber v. Morton , 426 S.W.2d 554, 559 (Tex. 1968) (implied warranty of construction of new home in good and workmanlike manner). In Parkway Co. v. Woodruff , 901 S.W.2d 434, 439 (Tex. 1995), the supreme court announced that this service warranty (1) “will not be judicially imposed unless there is a demonstrated need for it”; and (2) “extends only to services provided to remedy defects existing at the time of the relevant consumer transaction.” The warranty is a “gap-filler” warranty that “attaches to a contract if the parties’ agree ment does not provide for the quality of the services to be rendered or how such ser vices are to be performed.” Gonzales v. Southwest Olshan Foundation Repair Co. , 400 S.W.3d 52, 56 (Tex. 2013). During the period in which the Texas Residential Construction Commission Act was in effect (September 1, 2003, to September 1, 2009), the workmanship and habit ability warranties for new residential construction were supplanted by statute. See Tex. Prop. Code §§ 401.006, 408.001(2). Use of “or.” If used with other instructions (see PJC 102.9–102.11 and 102.13), PJC 102.12 must be followed by the word or , because a finding of any one of the acts or practices defined in the instructions would support recovery under the DTPA. Source of instruction. The above instruction is from Melody Home Manufactur ing Co. , 741 S.W.2d at 354. Independent of warranty of habitability. The warranty covered by PJC 102.12 parallels the implied warranty of habitability addressed in PJC 102.13, and the two implied warranties may overlap. Centex Homes v. Buecher , 95 S.W.3d 266, 273 (Tex.

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