Legal Question in Civil Litigation in Pennsylvania

contract breach

What constitutes sufficient grounds that a party can claim a contract was breached?

In this case I was contracted to build a specialized piece of machinery. The contract further invloved complete installation including delivery and installation of the machine, running new electrical lines, plumbing lines, etc. specifically for this machine.

When the machine was delivered and installed the buyer correctly noted certain defects.

These defects did not hinder the performance of the machine; rather they are of the type where certain parts should be replaced otherwise the part will likely fail in months to come. (Think of it as a recall on a defective automobile part)

Rather than giving an opportunity to correct the defects, they simply stated that I breached the contract in that I did not deliver a completely perfectly operational machine and refused to pay.

Does this constitute grounds for breach?


Asked on 9/30/08, 9:46 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: contract breach

Tough question. As it is a contract for a sale of a good Article 2 of the Uniform Commercial Code as adopted by Pennsylvania would be the relevant statute. To give you a legally sound answer will require a review of the facts, the contract and the applicable law. Not something I or any other lawyer can do on this web site.

Bottom line you really need to see a lawyer about this. Especially if the buyer has a lawyer.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 9/30/08, 11:21 pm


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