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Contracts Keyed to Fuller
City School District of the City of Elmira v. McLane Construction Co.
Citation:
445 N.Y.S.2d 258 (App. Div. 1981)Facts
In 1976, the Elmira school district contracted with McLane Construction Company for a swimming pool building featuring natural wood decking supported by laminated wood beams. The aesthetic appearance of these beams was central to the architectural design, intended to contrast with concrete elements and work with the indirect lighting system. McLane contracted with M. Matri & Sons to supply and erect the beams, who in turn purchased them from Weyerhaeuser Company for $116,000. Despite knowing the specifications, Weyerhaeuser subcontracted for a treatment method (the “Dow Process”) that would cause staining and discoloration. When the beams arrived in December 1976, they were visibly discolored, but Weyerhaeuser’s representative assured the school district that this was merely road grime that could be cleaned. Based on these assurances and facing pressure to complete construction before freezing temperatures caused further damage, the school district accepted the beams. It later became apparent that the discoloration was permanent, significantly compromising the intended aesthetic effect of the building.
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