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Despite Notice Of Defective Work, Sub Failed To Provide Permanent Fix

Friday, September 03, 2010 02:53 am


Workmanship -- Warranty

Berkshire Medical Center, Inc. v. U. W. Marx, Inc., 2010 U.S. Dist. LEXIS 68653 (D. Mass. July 9, 2010) Systemic defects in a hospital flooring project cost the contractor more than the contract price to repair because the work had to be done while the hospital was up and running.

The contract between flooring contractor U.W. Marx, Inc. (Marx) and Berkshire Medical Center, Inc. (Berkshire) included an express warranty stipulating that Marx properly install quality floors in the medical center's operating suites. After project completion, bubbles appeared in the vinyl and floor seams ruptured. Berkshire sued Marx for installing allegedly defective floors. [...]

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