Quality Guaranteed Roofing, Inc. v. Hoffmann-La Roche, Inc., 302 N.J. Super. 163 (Super. Ct. App. Div. 1997)
N/AOUTCOME: John Cardile won a judgment for the plaintiff
Defendant owner entered into a number of separate contracts with plaintiff contractor for the installation of foam roofs on several of defendant's buildings. Defendant suspended all remaining work and ... payments when it discovered quality deficiencies with plaintiff's workmanship. When defendant refused to permit plaintiff to bid on or perform repairs, plaintiff brought suit to recover the balance due. Defendant counterclaimed for breach of contract and warranty, negligence, and misrepresentation. The trial court awarded damages to plaintiff and dismissed defendant's counterclaims, finding that the Uniform Commercial Code governed the contracts involved and that defendant was barred from recovery when it accepted the roofs as completed and barred plaintiff's access to the premises. The court reversed and remanded the matter. The court held that the general law of contracts applied to the case because the dominant purpose of the contract was the construction of a roof rather than the sale of goods.
