A settlement agreement intended to resolve existing disputes between parties will not preclude claims arising from matters of which the parties were unaware at the date of the agreement, even where the agreement contains general words preserving statutory warranties and liability for defects. General words in provisions preserving liabilities, like general words in releases, must be read in light of the true purpose of the transaction. A party who pleads and relies upon provisions of a settlement agreement must be ready to address the proper construction of those provisions and cannot assume the opposing party will not raise a construction argument.
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