Iowa Great Lakes Sanitary District v. Travelers Casualty and Surety Co.

The District filed suit alleging that an UV System installed at one of its treatment facilities had consistently failed to function in any working capacity. The Eighth Circuit affirmed the district court's grant of summary judgment dismissing the District's claims. The court held that the breach of warranty claim was properly dismissed because the District failed to present expert testimony to establish that the UV System's ongoing operational issues were caused by equipment defects. Furthermore, the express warranty provided that the District's exclusive remedy was replacement of the defective parts, but the District did not allow Evoqua, the UV System vendor, to repair or replace the warranty items. Finally, the district court did not err by dismissing the District's claim against Travelers, the project's contractor, under its Performance and Maintenance Bond. View "Iowa Great Lakes Sanitary District v. Travelers Casualty and Surety Co." on Justia Law