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PRECISION STEEL DECKING & ERECTION CO. v. AMERICAN

August 3, 1972

PRECISION STEEL DECKING & ERECTION COMPANY, Inc.
v.
AMERICAN STEEL BUILDING COMPANY, Inc. and Reliance Insurance Company


Masterson, District Judge.


The opinion of the court was delivered by: MASTERSON

MASTERSON, District Judge.

 This complaint and counterclaim involve a dispute arising out of the written contract between Precision Steel Decking & Erection Company, Inc. and American Steel Building Company, Inc. The case has been submitted to us for decision upon a comprehensive set of agreed stipulated facts and upon the depositions of several key witnesses. After thoroughly considering this record and counsels' briefs and oral argument we make the following:

 FINDINGS OF FACT

 1. Plaintiff, Precision Steel Decking & Erection Company, Inc. (herein called "Precision"), is a New Jersey corporation, having at the time this action commenced its principal place of business in Westville, New Jersey.

 2. At such time Precision was engaged in the erection of steel buildings and other structures.

 3. Defendant, American Steel Building Company, Inc. (herein called "American"), is a Texas corporation having its principal office in Houston, Texas.

 4. American is engaged, inter alia, in the fabrication, sale and erection of metal structures.

 5. Defendant, Reliance Insurance Company, is a Pennsylvania corporation, having its principal office in Philadelphia, Pennsylvania.

 6. Berkeley Construction Company (herein called "Berkeley"), on or about April 29, 1968 entered into a contract with the City of Philadelphia to complete general construction of a service hangar and three "T" hangars at the North Philadelphia Airport, for a price of $513,000.00.

 7. On or about August 20, 1968 Berkeley entered into a subcontract with American whereby American was to furnish all labor and material for the erection of said hangars, for a price of $284,000.00.

 8. Approximately three months later, American entered into a written contract, dated November 7, 1968, wherein Precision was to furnish "all labor and equipment" to erect the four hangars. Said "sub-subcontract" was in the amount of $72,900.00; American was to "advance funds weekly" to cover Precision's "payroll, crane rental and other charges." The work was to commence on or about November 8, 1968 and be completed within "10 to 12 weeks." Exhibits D-17 and D-17a are copies of American's records relating to its contract with Berkeley and Precision.

 10. Precision began work on Monday, November 11, 1968. However, the material failed to arrive ...


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