Question

John Jacobson entered into a contract with Spring Water Drilling, Corp to drill and install a spring well system that would produce a specified quantity of water each month. After the system was installed, it was unable to meet the water volume production level specified in the contract. Jacobson has initiated a lawsuit against Spring Water. Would this dispute be resolved using the Uniform Commercial Code?

Answer 1

UCC rules apply for transactions involving goods, banking and loans. It does not include real estate transactions, employment transactions nor service transactions.

In this case, Jacobson engaged in a contract with Spring Water and that contract involved the performance of a drilling and installation service. The key aspect here is that Spring Water is not selling a spring well, it is drilling one.

Services are not covered by UCC rules, therefore, this dispute cannot be resolved using the UCC.