There are many moving parts and parties in a construction project. Each of them has specific roles and responsibilities to play. When a warranty claim arises, understanding how subcontractor agreements affect your liability is crucial for minimizing financial and...
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Warranties
Material Suppliers Can Limit A Buyer’s Remedy
THE LAW ALLOWS MATERIAL SUPPLIERS TO LIMIT A BUYER'S REMEDIES, BUT CAREFUL CONTRACT DRAFTING IS REQUIREDBy: Robert S. Tanner, Esq.Your Construction Law FirmTMBoth sellers and buyers of construction materials should have a keen interest in being aware of the common...
The UCC Is Important for Contractors
Although in our litigation experience it is not typical for someone to assert that a contractor's contract to "furnish and install" is subject to the Uniform Commercial Code ("UCC") governing sales of goods, we have seen lawyers do it. Significant consequences can...
If You Buy Or Sell Materials, Then The UCC Is For You
Disputes involving the purchase and sale of materials and equipment will usually be governed by the terms of the purchase and sale agreement and the law applicable to the sale of goods. In this article, aspects of the important "express warranty" are reviewed. ...
Ensure Your Warranty Position Before The Ship Has Sailed
Warranty law is important to both sellers and buyers. Suppliers of construction materials may be held liable under a warranty theory, while the contractors who purchase construction materials may believe the materials they purchased were defective and, therefore, want...