Defending Defective Building Material Claims Under The UCC
By Somers Price and Dominique Meyer ( October 24, 2017, 3:47 PM EDT) -- When most people think "product liability" under the Uniform Commercial Code, disputes over defects in consumer goods — such as automobiles or home electronics — often come to mind. But the UCC also applies to the sale of nonconsumer goods, including generic building materials that are purchased by contractors or property owners in the course of construction. Such was the case in LTL Acres LP v. Butler Manufacturing Co., a recently decided products liability action out of the state of Delaware wherein a Delaware property owner, LTL Acres LP ("LTL"), brought breach of warranty and contract claims against manufacturers that supplied materials used in the construction of a retail and office building. The building was completed in October 2006 and leaked from the very beginning during heavy rains with high winds....
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