Beard Plumbing & Heating, Inc. v. Thompson Plastics, Inc.

Pursuant to our Rule 5:42, the United States Court of Appeals for the Fourth Circuit certified a question of Virginia law to this Court which we accepted by order entered February 18, 1997. The question involves the application of two sections of the Uniform Commercial Code, Code §§ 8.1-101 through 8.11-108 (UCC), to a case in which consequential damages are sought for breach of an implied warranty of merchantability in the absence of privity.

The following facts are set forth in the Court of Appeals’ order of certification. Beard Plumbing and Heating, Inc. (Beard) was the plumbing…