Enforceability Status
Connecticut has strong statutory new home warranty protections under the New Home Warranties Act that cannot be waived by contract. Combined with the Connecticut Unfair Trade Practices Act, liability limitation clauses face significant enforceability barriers.
Legal Analysis
Connecticut's New Home Warranties Act (Conn. Gen. Stat. sections 47-116 to 47-121) establishes mandatory warranties for new residential construction. The Act requires builders to warrant that the home is free from faulty materials, constructed according to sound engineering standards, and fit for habitation. Importantly, the Act provides that these warranties are in addition to any other warranties and may not be limited or excluded.
The Connecticut Unfair Trade Practices Act (CUTPA) (Conn. Gen. Stat. sections 42-110a to 42-110q) is one of the broadest consumer protection statutes in the nation. CUTPA prohibits unfair or deceptive acts in trade or commerce and provides remedies including actual damages, punitive damages, and attorney fees. Connecticut courts apply a three-pronged test examining whether a practice offends public policy, is immoral or unethical, or causes substantial injury to consumers.
Given that Connecticut's new home warranty law explicitly provides that its protections cannot be limited or excluded, and CUTPA provides broad additional consumer protections, liability limitation clauses that attempt to eliminate all monetary damages for construction defects are likely unenforceable in Connecticut.
Relevant Connecticut Law
Establishes mandatory warranties for new residential construction that cannot be limited or excluded. Covers materials, engineering standards, and fitness for habitation.
Prohibits unfair or deceptive trade practices and provides broad consumer remedies including actual damages, punitive damages, and attorney fees.
Builders in Connecticut Using This Clause
What Connecticut Buyers Should Know
- Know that Connecticut's new home warranties cannot be waived Connecticut law mandates specific warranties for new homes that cannot be limited or excluded by contract. A liability limitation clause that conflicts with these protections may be void.
- Understand CUTPA's broad consumer protections The Connecticut Unfair Trade Practices Act provides broad remedies for unfair or deceptive practices. This statute may apply to misleading contract terms or builder conduct.
- Report defects in writing within the warranty periods Notify the builder in writing promptly when defects are discovered. Maintain copies of all notices and document the builder's response or lack thereof.
- Consult a Connecticut construction or consumer protection attorney An attorney can explain how Connecticut's statutory warranty protections and CUTPA may override liability limitation clauses in your purchase agreement.