First Circuit Holds That Warranty Not Exclusive Remedy When Repeated Corrective Efforts Fail


According to the U.S. Court of Appeals for the First Circuit in Berkshire Medical Center, Inc. v. U.W. Marx, Inc., an owner is at some point legally entitled to run out of patience, at least where defective work is concerned. That court recently considered the terms of a typical construction contract warranty and held:

•The owner was entitled to employ self-help remedies when the contractor was not able to effectuate acceptable corrective measures for more than a year, despite multiple efforts; and...

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