Construction Defect Case Frequent Claim
Maybe some of the lawyers in the audience can weigh in on this… It appears that a Federal Court has reinforced the notion that when a manufacturer represents that their product performs a certain way that it should perform in that manner. For example, if a window is represented by the manufacturer to keep water outside of a building, regardless of disclaimers, the window should not leak. Shouldn’t that be the case anyways? Did a Federal Court need to spell that out?
A component product’s failure to perform as represented by its manufacturer is a frequent claim in a construction defect cases. Often, defendants of such claims attempt to hide behind general disclaimers and limitations of warranty. Addressing the failure of a component product of yachts, the Federal Court for the New Jersey District recently denied a manufacturer’s summary judgment motion, having concluded that a general disclaimer of warranty will not automatically defeat an express warranty created by representations, descriptions and affirmations set forth in a product bulletin.
13 September 2007 | Construction, Construction Defect, Construction and Law, Litigation | Comments
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