Tacoma Athletic Club Inc. V. Indoor Comfort Systems Inc.
Division Two Court of Appeals of Washington
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WIGGINS, J. -- Appellant Indoor Comfort Systems (Comfort Systems) sold and installed a dehumidification system for Tacoma Athletic Club (the Club) . The trial court found that Comfort Systems breached the implied warranties of merchantability and fitness for a particular purpose and awarded damages to the Club under Washington's version of the Uniform Commercial Code (UCC). Comfort Systems argues that the UCC does not apply because this was a construction contract instead of a sale of goods. We adopt the "predominant factor" test used in most jurisdictions and hold that this was a sale of goods because the predominant aspect of this contract was a sale of goods, not the rendition of services. We hold, however, that the trial court used an improper measure of damages and we reverse and remand for recomputation of damages.