Jose A. Aquino | Duane Morris A recent New York appellate court opinion, Dreamco Development Corp. v. Cranesville Block Company, Inc., provides valuable insight into the application of the Uniform Commercial Code (UCC) and the concept of “adequate assurance of performance.” The case centered on a one-page “independent contractor and consultant” agreement. Under the contract, the… Continue reading Appellate Court Rejects UCC Adequate Assurance Claim in Contract Dispute
Tag: Uniform Commercial Code
Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test
Keith Sparks | Ahlers Cressman & Sleight The Uniform Commercial Code (“UCC”) replaces the common law in many commercial transactions, providing provisions and a framework governing the conduct of business. The UCC attempts to develop uniformity among state laws on commercial matters as many of these contracts involve parties from different states. The UCC has… Continue reading Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test
Force Majeure May Not Be Your Only (Or Best) Option
Stephen L. Fink | Barnes & Thornburg The COVID-19 pandemic has parties to contracts scrambling to determine their contractual rights and duties. Buyers of goods and services are concerned that sellers will not perform. Sellers and manufacturers are struggling to produce and ship goods contemplated by their agreements, and are concerned with whether buyers will… Continue reading Force Majeure May Not Be Your Only (Or Best) Option