Legal Question in Technology Law in California

Re: contract term ''first class workmanlike manner''

If there's a lawsuit over whether the work was done to one standard or the other, it will be up to the jury to decide what the phrases really mean in the context of the case. The "good and workmanlike" standard seems to be a bit archaic (most of the cases in which it is used were decided in the 1940s and 1950s) but as it is now understood, it seems to mean work that others in the trade would look at and say, "yeah, the guy did a decent, OK job." To meet the standard, I'd say, the job must pass inspection, be up to code, perform per the owner's reasonable expectations, and not incite fair criticism for others in the trade who are asked to comment.

On the other hand, I think juries would expect more of a contractor required to meet the "first-class workmanlike manner" criterion. Just how much more is hard to say; it might depends upon the arguing skill of the opposing lawyers, but in general I'd say meeting the "first class" standard would require fewer hammer marks if it's carpentry, fewer bugs and faster execution if it's programming, and a lighter sentence if it's criminal defense.

Ask twelve randomly-picked colleagues what they think the difference is. There's what your jury is likely to think, too.