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Warranty Not Negated By Site Conditions Clause Differing Site Conditions; Warranty-express

Thursday, May 04, 2006 10:51 am

 
Warranty Not Negated By Site Conditions Clause Differing Site Conditions; Warranty-express

A Missouri court has ruled that a contractor could sue for breach of warranty of the specifications. The contractor was not limited to the contractual remedy provided by the differing site conditions clause.

The Missouri Highway & Transportation Commission awarded a contract to Damon Pursell Construction Co. for improvements to a section of Route 71 in Kansas City. The work involved extensive excavation in the south section of the project, with excavated material to be used as fill in the north section of the project.

The contract, which contained a typ [...]

 
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