United States Eighth Circuit
Trinity Prods., Inc. v. Burgess Steel, L.L.C., 06-2252,06-2365
In a contract dispute involving a contract to fabricate two steel towers, summary judgment and other rulings in favor of plaintiff-builder are reversed in part and vacated in part as to the summary judgment and attorney award rulings where: 1) summary judgment on breach of contract counterclaim based on untimeliness was error, as defendant's notice of nonconformity was given within a reasonable time; and 2) the applicability of a disclaimer provision could only be addressed on remand.
Appellate Information
- Decided 05/07/2007
- Published 05/07/2007
Judges
Court
- United States Eighth Circuit