Dow Denied Summary Judgment on Warranty Claims for Merchantability, Quality in TPO Roofing Material Dispute

BOSTON — A Massachusetts federal judge has granted Dow Roofing Systems summary judgment on a majority of the claims asserted by Shimizu Corp. in a dispute concerning allegedly defective TPO roofing material, finding they are barred by United Kingdom and Massachusetts law.

However, in the Sept. 27 order, Judge Douglas P. Woodlock allowed Shimizu’s warranty claims for merchantability and quality to proceed, ruling that as a procedural matter, breaches of the warranties for merchantability, quality, and suitability for ordinary purpose are fact issues for the jury.

Shimizu, a Japanese general contractor, claims Dow sold it defective TPO roofing material for …