United States First Circuit
Berkshire Medical Center, Inc. v. U.W. Marx, Inc., 10-1841
In a construction dispute arising from a claim for breach of express warranty given in a trade contractor agreement, judgment of the district court in favor of the plaintiff is affirmed over defendant's appeal on grounds of: 1) a one-year time limit on invocation of warranty; 2) plaintiff's failure to comport with warranty's written notice requirement and an opportunity to cure the problem; 3) an alleged failure of plaintiff to show that the damages were caused by faulty workmanship of defendant or material; and 4) the appropriate amount of damages.
Appellate Information
- Decided 07/07/2011
- Published 07/07/2011
Judges
- BOUDIN
Court
- United States First Circuit
Counsel
- For Appellant:
- John Egan, Dennis M. LaRochelle