Federal Court Applying Michigan Law Recognizes Implied Warranty of Design Adequacy
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The United States District Court for the Western District of Arkansas has come to the conclusion that implied warranty of design adequacy should apply to private parties to a construction contract. In Midamerica, Inc. v. Bierlein Companies, Inc., the court analyzed prior decisions of the Michigan Supreme Court which recognized the existence of an implied warranty within a construction contract created by affirmative statements by the state government when soliciting bids from contractors.
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