John Mark Goodman | BuildSmart Construction law in the United States consists of two main bodies of legal rules. The first, federal law, applies to contracts involving the U.S. government and its agencies. The second, state law, applies to pretty much everything else. While each state is different, all states generally have two types of… Continue reading The Predominant Factor Test: Determining Whether the UCC or Common Law Applies to Mixed Contracts for Goods and Services
Tag: Uniform Commercial Code
Appellate Court Rejects UCC Adequate Assurance Claim in Contract Dispute
Jose A. Aquino | Duane Morris A recent New York appellate court opinion, Dreamco Development Corp. v. Cranesville Block Company, Inc., provides valuable insight into the application of the Uniform Commercial Code (UCC) and the concept of “adequate assurance of performance.” The case centered on a one-page “independent contractor and consultant” agreement. Under the contract, the… Continue reading Appellate Court Rejects UCC Adequate Assurance Claim in Contract Dispute
Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test
Keith Sparks | Ahlers Cressman & Sleight The Uniform Commercial Code (“UCC”) replaces the common law in many commercial transactions, providing provisions and a framework governing the conduct of business. The UCC attempts to develop uniformity among state laws on commercial matters as many of these contracts involve parties from different states. The UCC has… Continue reading Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test
Force Majeure May Not Be Your Only (Or Best) Option
Stephen L. Fink | Barnes & Thornburg The COVID-19 pandemic has parties to contracts scrambling to determine their contractual rights and duties. Buyers of goods and services are concerned that sellers will not perform. Sellers and manufacturers are struggling to produce and ship goods contemplated by their agreements, and are concerned with whether buyers will… Continue reading Force Majeure May Not Be Your Only (Or Best) Option