This section contains the nature of the case and procedural background.

P and D entered into a contract for the construction of P's new residence. The contract provides for a one-year express warranty for workmanship and materials beyond normal wear and tear. The contract further states that the 'contractor will expedite work in a timely manner without sacrificing quality. Quality will not be sacrificed under any circumstances.' The contract is silent with regard to implied warranties of habitability and proper construction. D sought to remedy P's complaints about the construction, but she was not satisfied. P contracted with another builder to remedy the defects she alleged. On October 15, 1997, P brought this action alleging negligence, breach of implied warranty, and breach of contract. The jury returned a general verdict, finding D individually liable and awarding damages of $19,000.00 to P. D appealed.

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