The Wisconsin District 3 Court of Appeals on Wednesday reversed a judgment in a breach-of-contract case involving United Concrete and Construction Inc., Appleton, and its concrete subcontractor, Red-D-Mix Concrete Inc., Green Bay.
A Circuit Court in 2009 ruled in favor of Red-D-Mix after United sued it for breach of contract, negligence and unfair trade practices. Red-D-Mix supplied United’s concrete in 2002 and 2003. United then switched to a different concrete supplier after complaints of excessive water in Red-D-Mix’s concrete.
In early 2007, United wanted to use Red-D-Mix again but not without assurances that the bleed water problem had been remedied. Red-D-Mix said it had addressed the problem and was using the same materials as United’s interim supplier at the time.
United resumed purchasing concrete from Red-D-Mix for the 2007 season and experienced the same excessive water issues, according to court documents. After customer complaints, United advised Red-D-Mix that the problems resulted from defective concrete and that it intended to take legal action against subcontractor.
United filed suit against Red-D-Mix, alleging breach of contract, breach of express and implied warranties, negligence, indemnification, contribution and unfair trade practices. The court ruled in Red-D-Mix’s favor.
United appealed the ruling and the appeals court on Wednesday ruled in favor of the Appleton-based company.