Construction Resources Group, LLC v. Element Financial Corp.

Construction Resources Group (CRG) (plaintiff) needed a loader financed through Element Financial Corp. (Element) (defendant), whose lease waived warranty remedies against Element and contained a hell-or-high-water clause requiring payment regardless of equipment failure; Element did not deliver the lease for CRG's signature until three weeks after the loader was delivered by the dealer, and the loader failed at least 19 times over 11 months. CRG stopped paying, Element repossessed the loader, and after CRG sued for breach of warranty, Element counterclaimed for unpaid rent and moved for summary judgment.