The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Workmanlike manner legal definition refers to the standard of skill, care, and diligence that is expected of a skilled professional in the respective industry or trade. It implies the satisfactory completion of work with the level of expertise, competence, and attention to detail that is commonly expected from someone with similar qualifications and experience. Here are a few types of workmanlike manner legal definitions in different contexts: 1. Construction Industry: In the construction field, workmanlike manner legal definition pertains to the established industry standards needed to assess the quality of workmanship. It focuses on ensuring that construction projects are carried out in accordance with accepted practices and meet applicable building codes and regulations. Compliance with these standards serves to determine if the construction work was performed in a competent manner. 2. Artistic Creations: When it comes to the world of art or craftsmanship, workmanlike manner legal definition refers to the execution of creative works with a level of skill and competence that is customary within the relevant artistic community. It ensures that artists or craftsmen adhere to established methods, techniques, and quality benchmarks specific to their field. 3. Professional Services: Workmanlike manner legal definition also applies to various professional services, such as legal, medical, or accounting practices. It indicates the duty of professionals to perform their services diligently, competently, and with skill, in accordance with the generally accepted standards within their respective fields. Professionals are expected to exercise their specialized knowledge and expertise when providing their services to clients or patients. 4. Manufacturing Industry: In the manufacturing sector, workmanlike manner legal definition focuses on the production process and the quality of goods or products. Manufacturers are required to adhere to industry-specific standards and produce goods that meet the requirements specified by contracts or applicable regulations. This definition ensures that goods are manufactured with due care, attention to detail, and in conformity with the agreed-upon specifications. In conclusion, workmanlike manner legal definition describes the standard of skill, care, and competence expected from professionals in various industries. It emphasizes the importance of possessing the necessary qualifications and exercising specialized knowledge while executing tasks or providing services. Compliance with workmanlike manner legal requirements is crucial to ensure the quality, safety, and effectiveness of the work or services rendered.