Yates contracted with Waterworks, Inc. to have an above ground pool installed in his backyard. Waterworks specialized in the sale and construction of pools. The two parties entered into a contract that called for Waterworks to “furnish all labor and materials to construct a Wavecrest brand pool, and furnish and install pool with vinyl liners.” The total cost for materials and labor was $3,690. There was no breakdown of costs between labor and materials. After the pool was installed, its sides began bowing out, the 2” x 4” wooden supports became rotted and misaligned, tilting the pool. Yates brought suit alleging that Waterworks had violated several provisions of Article 2 of the UCC.
a) Using the IRAC method, discuss whether the transaction was one involving “goods” making it subject to Article 2 of the UCC.
b) If we assume that Article 2 applies, under what warranty theory (or theories) might a lawsuit be brought (IRAC not required)?