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UCC IMPACTS ON CONSTRUCTION LAW
CHARTING BASIC LAW IN THE SUPPLY CONTRACT

10th Annual Construction Law Conference

February 20 & 21, 1997

Austin, Texas

Raymond T. Nimmer

Leonard Childs Chair in Law, University of Houston
Counsel, Well, Gotshal & Manges

TABLE OF CONTENTS


I. SCOPE OF ARTICLE 2.
    A. GENERAL CONCEPT OF SCOPE.
    B. APPLICATION OF ARTICLE 2 TO CONSTRUCTION SUPPLY ARRANGEMENTS.
    C. MIXED SERVICES AND GOODS CONTRAcTs.
II. CONTRACT FORMATION AND ENFORCEABILITY.
    A. EASE OF CREATION.
    B. STATUTE OF FRAUDS AND ENFORCEABILITY.
III. PERFORMANCE AND REFUSAL OF PRODUCT.
    A. GENERAL "TARR" RULES AND U.C.C. STRUCTURE.
    B. REJECTION OF THE TENDER.
    C. REVOCATION OF ACCEPTANCE.
IV. EXPRESS WARRANTIES AND SPECIFIC CONTRAcT PERFORMANCE TERMS
    A. CREATION OF EXPRESS WAItRAN-ry.
    B. ENFORCING EXPRESS CONTRACT TERMS
V. IMPLIED WARRANTIES.
    A. MERCHANTABILITY.
    B. FITNESS FOR A PARTICULAR PURPOSE.
    C. REMOTE PARTIES.
VI. DISCLAIMER OF WARRANTY.
VII. STATUTE OF LIMITATIONS

Abstract

Scope of the Paper: This paper concentrates on Article 2of the 11CC and the issues this body of Law presents in construction-related supply contracts It does not deal with the issues created by the Texas DTPA except to the event that there is either very new relevant case Law or that it is clear that the DTPA reference is essential to understand the point being made about the UCC rules. Similarly, the paper does not deal with federal Law, especially the Magnuson-Moss Warranty act.

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