When a contractor fails to perform a construction project in a workman like manner, the owner may bring an action for breach of warranty. A breach of warranty claim is generally based on express warranty provisions contained in the contract between the owner and the general contractor and/or warranties implied by law. Under Mississippi law, contractors have a duty to construct all projects in a workmanlike manner, free from defects. Also, the contractor may not contract away his duties under the warranty. MISS. CODE ANN. § 11-7-18 (1994). The Mississippi case of Keyes v. Guy Bailey Homes, Inc. held that the warranty of workmanship is implied by law into every construction contract between a contractor and an owner., Id. 439 So. 2d 670 (Miss. 1983).  Through the implied warranty, a contractor agrees to perform work in accordance with the degree of workmanship normally possessed by those in the construction industry. Mayor and City Council of City of Columbus, Miss. v. Clark-Dietz and Associates-Engineers, Inc., 550 F. Supp. 610 (N.D. Miss. 1982). The contractor’s duty extends to subsequent purchasers as well. Keyes, 439 So. 2d at 672.

If the owner believes that a contractor has failed perform construction in a workmanlike manner, they may bring an action against the contractor for damages.