Reference no: EM131473913

Question: In 1994, Daniel Scoggin hired Broward Marine for $5,000 to perform a "bottom job" on his 77-foot sailboat, the "Jubilem." A "bottom job" is a final paint job involving sandblasting the hull to the bare metal and applying a protective coat that prevents barnacles from attaching to the hull of the ship. New Nautical Coatings, Inc., manufactured the paint used on the Jubilem. New Nautical's products contained an express warranty that, if used properly, the paint would protect the hull for one year, and a booklet contained detailed instructions as to use. Three months after the paint job, the coating began to peel. New Nautical determined that this was because Broward had not properly sandblasted the boat, as prescribed by the detailed instructions, and supplied replacement paint at no cost. Once again, the boat was not sandblasted because Scoggin did not want to pay the extra cost. Broward applied a test patch to the boat, and a representative of Nautical approved the new paint job, saying "yeah, go ahead and apply it and [Nautical] would warranty it." The coating did not last. Scoggin sued for breach of an express warranty. Has there been a breach of express warranty?