San Diego Partners Jay Bulger and Sarah Long Prevailed on a Motion for Summary Adjudication

Partners Sarah Long and Jay Bulger of the KNCH San Diego office recently prevailed on a Motion for Summary Adjudication on behalf of a manufacturer client to eliminate all contract and warranty claims made by a contractor in regard to four public works construction projects, which resulted in judgment in favor of our client.  In a true “Battle of the Forms” situation, the defense successfully asserted that a shortened statute of limitations period term in our client’s contract was binding, while an additional insured provision in their contract was not binding based on Commercial Code Section 2207.  Sarah and Jay had previously obtained a dismissal of the contractor’s express indemnity cause of action on similar grounds.

Jay M. Bulger, Partner                                                                                                                                                                                                        Sarah P. Long, Partner