Miner Dederick Constr., LLP v. Gulf Chemical & Metallurgical Corp.
2013 Tex. App. LEXIS 4589 (Tex. App. April 11, 2013)

Gulf Chemical & Metallurgical Corporation (“Gulf”) hired Miner Dederick Construction, LLP (“Miner”) in May 2005 to construct an addition to a hazardous waste containment building. The addition, designed by a third-party engineer, included a 140-foot expansion joint between the existing and new foundations. Due to the hazardous materials stored in the facility, the expansion joint included a specialty sealant system and was designed prevent fluid leakage. Miner completed construction in January 2006, but by June 2006 Gulf discovered leakage through the expansion joint.

Gulf requested that Miner implement the engineer’s design for repairing the expansion joint under the contract warranty provisions. Miner refused, claiming that it installed the expansion joint per the original design and the repair was a redesign. Gulf bid the repair work and hired a different contractor to repair the expansion joint.

Continue Reading Texas Appeals Court Reverses Jury Verdict for Owner, Holding Owner’s Repair of Allegedly Defective Expansion Joint Without Allowing Contractor to Inspect for Conformity to Design Constituted Spoliation

Eastern Steel Constructors, Inc. v. City of Salem,
No. 28202, 2001 W. Va. LEXIS 3 (W. Va. Feb. 9, 2001)
The City of Salem, West Virginia, entered into a contract with Kanakanui Associates pursuant to which Kanakanui was to provide engineering and architectural services for improvements to Salem’s existing sewer system. Kanakanui produced plans and specifications to be used to solicit bids for the improvements. Eastern Steel Constructors, Inc. bid on a portion of the project relying on the plans provided by Kanakanui and was awarded the contract.
Continue Reading West Virginia Supreme Court Allows Contractor to Sue Engineer for Negligence and Breach of Warranty, but Not as Third-party Beneficiary

Tacoma Athletic Club, Inc. v. Indoor Comfort Systems, Inc.,
79 Wash. App. 250, 902 P.2d 175, 1995 Wash. App. LEXIS 406 (Sept. 14, 1995).
In breach of warranty action brought by owner against contractor, contract to furnish and install a “dehumidification system” was considered to be a “sale of goods” governed by Article 2 of the U.C.C. pursuant to “predominant factor test.” Evidence was insufficient to establish that owner was entitled to be reimbursed entire amount of original contract plus cost to insulate walls as a result of contractor’s breach of warranty related to dehumidification system. 
The Tacoma Athletic Club (“Owner”) hired Indoor Comfort Systems (“Contractor”) to furnish and install a dehumidification system for an indoor pool. The humidity in the pool area was so high that water dripped from the ceilings and down the walls causing damage to the walls. The system provided by the Contractor failed to reduce the humidity in the pool area. After the Contractor attempted unsuccessfully to solve the moisture problem, the Owner eventually hired a new contractor to attempt to fix the problem. The Owner then sued the Contractor for breach of warranty under Article 2 of the Uniform Commercial Code and obtained a favorable judgment.
Continue Reading Washington Appeals Court Holds Contract to Furnish and Install Dehumidification System for Pool Subject to the Uniform Commercial Code