Golden Gate/S.E.T. Retail of Nevada, LLC v. Modern Welding Company of California, Inc., 141 Nev. Adv. Op. 12 (Mar. 6, 2025)

The Supreme Court of Nevada affirmed the district court’s granting of summary judgment in favor of the manufacturer in a breach of implied warranty claim. Modern Welding Company of California manufactured an underground storage tank, which was purchased for use by Golden Gate in 2008. Golden Gate discovered a crack in the tank in 2016, and brought suit for breach of implied warranty against Golden Gate in 2019. The district court granted summary judgment for Modern. Golden Gate appealed, arguing that for a claim for breach of implied warranty under the Nevada Uniform Commercial Code is subject to discovery tolling. The Supreme Court of Nevada disagreed, and held that discovery tolling does not apply to a breach of implied warranty claim under the UCC. Additionally, the Court upheld an award of attorney fees to Modern.