Tartaglia Obtains Summary Judgment in $1M Breach of Contract and Negligence Case

August 21, 2019 | Professional Liability | Construction

Stan Tartaglia obtained summary judgment dismissing the Complaint and awarding judgment on the Counterclaim on behalf of the client, an engineering firm, in a suit in which the plaintiff asserted multiple causes of action, including breach of contract.

The plaintiff, a school district, alleged that our client breached its contract by failing to provide proper drawings and specifications for renovations to a high school science wing. Specifically, the plaintiff contended that it desired water and gas to be installed to all of the tables in the chemistry classrooms, and that our client breached its contract by failing to carry out these directives.

The Court agreed with our argument that the plaintiff’s act of approving unambiguous drawings on three separate occasions constituted waiver and foreclosed the plaintiff’s claims. Also significant was that the plaintiff failed to indicate the outstanding gas and water connections on multiple punch lists.  In addition, the non-party cabinet manufacturer fabricated the tables without gas turrets and water ports to each of the tables.

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