POTOMAC PLAZA TERRACES, INC., Plaintiff, v. QSC PRODUCTS, INC., et al., Defendants., 868 F. Supp. 346

Summary

The consumer was a housing cooperative corporation that purchased an alleged defective roofing system that included materials manufactured and warranted by the manufacturer. The consumer had refused the manufacturer's proposed repairs to the foam roofing system before it filed suit. The court held that (1) the manufacturer's roofing products did not fall within the consumer goods exception and the clause excluding the implied warranty of merchantability was valid under Code Ann. § 28:2-316(2), (2) the clause excluding consequential damages was valid, but a question of fact existed on whether the manufacturer broke its good faith obligation in its performance of the clause under D.C. Code Ann. § 28:1-203, (3) with both parties presenting affidavits of roofing experts to fortify their claims, a genuine issue of material fact existed as to whether the repairs would have fulfilled the exclusive remedy's essential purpose. Applying the economic loss doctrine, the court held that the ...