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Contracts Keyed to Templin
Pensy Supply, Inc. v. American Ash Recycling Corp.
Citation:895 A.2d 595 (2006)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Plaintiff was subcontracted by a general contractor to pave driveways and a parking lot. The contract for the construction project required certain base aggregates to be used but permitted the substitution of these aggregates with a material AggRite. These requirements coincided with a notice that AggrRite was available by Defendant at no cost to Plaintiff. Plaintiff contracted Defendant for AggRite and completed the construction project. However, a year later, the pavement of the project developed extensive cracking, with the contractor requiring Plaintiff to remedy the work. Plaintiff requested Defendant to remove and dispose of the AggRite and Defendant did not comply.
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