Safeway Stores, Incorporated, Petitioner v. Certainteed Corporation and Certainteed Products Corp., Respondents

Summary

The Texas Supreme Court held that implied warranties cannot be explicitly extended to future performance under Tex. Bus. & Com. Code §2.725(b), so the implied warranty claim is barred by the four‑year limitations period. It further found that a factual issue exists as to whether Certainteed’s express warranty that the roof was “bondable up to 20 years” explicitly extends to future performance, and therefore reversed the appellate court’s judgment and remanded for determination on the express warranty claim. Justice Wallace dissented, arguing the term does not create an express warranty and would affirm the lower court, while Justices Robertson and Ray filed concurring opinions.