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Export Development Canada v. T. Keefe and Son, LLC

Connecticut Superior Court

2016 WL 8488125 (2016)

Facts

T. Keefe and Son, LLC (defendant) subcontracted Metal Perreault (plaintiff) to manufacture certain metal components for a construction project. Part of Metal Perreault’s quotation included steel guardrails and handrails for six concrete staircases. When the guardrails and handrails for all six staircases were delivered, Keefe discovered a problem with the metal parts fabricated for stairs one and four. Metal Perreault refabricated the parts for both stairs, which again did not fit. Keefe notified Metal Perreault of the problem with stair four, but did not reject the goods, and Metal Perreault did not receive further notice with respect to stair one. Metal Perreault refabricated the parts for stair four once more, but there was still a problem. Keefe never notified Metal Perreault that there was still a problem nor that it was rejecting the goods. Due to time constraints, Keefe instead modified and installed some of the refabricated metal parts and scrapped the rest. Keefe later terminated its contract with Metal Perreault. Metal Perreault filed suit for breach of contract and damages after Keefe refused to compensate Metal Perreault for the work completed and any partial work begun in accordance with the contract.

Rule of Law

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Issue

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Holding and Reasoning (Wilson, J.)

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