12 Oct 2017

KTK Obtains Dismissal in Breach of Warranty Case

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KTK successfully obtained a voluntary dismissal for our client in a commercial litigation matter. The lawsuit was filed by Pavestone, LLC, a manufacturer of pavers for commercial projects who frequently ordered its raw materials from our client. Pavestone was contracted to provide pavers on a large project in Nebraska at the State Capitol. Soon after installation of the pavers, rust spots began to develop on them. There was an unsuccessful attempt to patch the rust spots over, but ultimately Pavestone was forced to remove and replace all of the pavers.

Pavestone filed suit against our client, alleging breach of warranty and unjust enrichment. KTK argued that not only did Pavestone fail to provide our client with any relevant specs, but they also had no specifications for iron content (which is prone to rust) or rusting in its own pavers. Instead, Pavestone’s rust test was purely subjective and visual. They knew that they could test for iron content in sand prior to production, but chose to never do so. In addition, Pavestone admitted to adding certain product to the sand during the manufacturing process that is also prone to rusting.

Following depositions that only further strengthened the position of our client, a mediation was held in which Pavestone failed to produce additional grounds and evidence to support its claims.  It was evident that our client would be unwilling to pay any part of the claims and Pavestone subsequently filed a dismissal.