Legal Question in Construction Law in California

Do California Commercial Codes 2313-2317 (on warranty) apply to a business when it goes out of business?

We owned a company that did a subcontract construction job on a commercial property upgrade. The business went bankrupt and is no longer in business. The bankruptcy of the business also forced us to file personal bankruptcy.

We completed the job just before the bankruptcy. The customer is now asking for a warranty from us as individuals. We do not have the money to obtain any replacement materials (if required) or skills to fix or change what was done (we used skilled employees that are no longer employed by us). Do CA commercial codes 2313-2317 still apply to us as former owners? Does it still apply to the business even though it no longer exists?


Asked on 4/03/14, 12:14 pm

1 Answer from Attorneys

Commercial Code Article 2 only applies to "sale of goods." It does not apply in most cases to construction subcontractors at all. If you were a kitchen remodeling contractor and also supplied the refrigerator, then it would probably apply to the refrigerator. That's about it. Labor and materials actually incorporated into a work of construction are outside the scope of the Commercial Code.

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Answered on 4/03/14, 6:32 pm


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