Department of civil end environmental engineering Temple University, Philadelphia Fall 2015
Term Paper: Construction Contract Court Cases
• Boone Coleman Construction, Inc. vs. Village of Piketon.
• J.D. Eckman, Inc. Vs. Pennsylvania Turnpike Commission.
Submitted to:
Dr. Phillip Udo-inyang
In partial fulfillment of the requirements for the course:
CEE3311- Construction Engineering
Done By:
Imad Barrouh
Due Date:
10/20/2015
Case #1: The nonreinforcement of liquidated damages
Case #: 2014-Ohio-2377, 13CA836- appeal.
Title: – liquidated damages were held unenforceable.
Parties involved:
• Boone Coleman Construction, Inc.
•
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Ultimately, Boone Coleman did not complete its work until 397 days after the agreed project completion date. Upon completion, the Village paid Boone Coleman $535,823 for its work.
Boone Coleman filed suit seeking the balance of the $683,300 contract price and additional compensation for extra work. The Village denied liability to Boone Coleman, counterclaimed for $277,900 in liquidated damages, and moved for summary judgment in its favor.
Court Decision:
The trial court granted the motion for summary judgment, determining that the Village was not liable to Boone Coleman, and that Boone Coleman was liable to the Village for liquidated damages.
Further Action by the parties: The general contractor, Boon Coleman, filed an appeal at the Court Of Appeals of Ohio, Fourth Appellate District, Pike County- 2014-Ohio-2377, and it was to his favor. On appeal, the Court of Appeals of Ohio reversed the portion of the trial court’s judgment that enforced the contractual liquidated damages provision. The Court of Appeals of Ohio held that a liquidated damages provision in a public construction contract constituted an unenforceable penalty because the amount of liquidated damages pursued was almost a third of the original cost of the contract which was unreasonable and disproportionate.
Commentary and Opinion:
The trial judge, therefore, entered judgment for plaintiff Foster against defendants Grant and Gray. Grant and Gray appealed.
I. The court correctly granted summary judgment for the School’s motion; as the Student’s First Amendment rights were not violated.
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The district court granted the defendant’s motion for summary judgment on the plaintiff’s Americans with Disability Act claim. The plaintiff’s is not estopped by her SSDI and long term disability claims.The court foreclosed to grant the plaintiff new trial. The appellate court the district court’s ruling.
The motion for partial summary for the plaintiff was denied by the court and the objection was overruled without prejudice to raise the issue for consideration at trial.
Reviewing the dispositions, the court denies plaintiff’s cross-motion for summary judgment on both its first and second causes of action….
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In their cross-appeal, (Case A96A0616), plaintiffs challenged the trial court’s denial of their motion for pre-judgement interest. Plaintiffs rely on Grisset v. Wilson, 181 Ga. App. 727,728 (1) (353 S.E.2d 621) (1987), in which it held that a single notice of demand can cover multiple claims, and the notice covered the spouse’s consortium claim as well as the injured plaintiff’s personal injury claim. In reviewing the full demand letter, it “leads us to conclude that the demand letter encompassed only Jeffrey’s claim and the trial court properly denied plaintiff’s motion for pre-judgement
DEFENDANTS MOTION FOR SUMMARY JUDGMENT SHOULD BE GRANTED BECAUSE DEFENDANTS CONDUCT DID NOT RESULT IN AN OBJECTIVELY SERIOUS INJURY TO THE PLAINTIFF NOR DID THE DEFENDANTS ACT WITH DELIBERATE INDIFFERENCE OR RECKLESS DISREGARD TOWARD THE PLAINTIFF’S RIGHTS, HEALTH, OR SAFETY.
A court will likely find Petrograd’s claim against Coleman successful despite any statute of limitations concerns. Delaware’s adopted version of the UCC requires that “[a]n action for breach . . . must be commenced within 4 years after the cause of action has accrued.” Del. Code Ann. tit. 6 § 2-275 (LEXIS through 80 Laws 2016, ch. 430). Conversely, breach of promise situations not involving the UCC must adhere to the three-year statute of limitations as set forth in the state’s commercial code. Specifically, section 8106 provides; “[n]o action to recover damages . . . arising out of contractual . . . relations, based on a promise . . . [or] caused by an injury . . . indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action . . . .” Del. Code Ann. tit. 10 § 8106 (LEXIS through 80 Laws 2016, ch. 430). Accordingly, this memo will address whether this contract should be governed by the UCC, if the current circumstances can qualify for an exemption in either scenario, and examine whether any alternative opportunities exist.
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