(DOWNLOAD) "Hirschfeld Steel Co., Inc. v. Kellogg Brown & Root, Inc." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Hirschfeld Steel Co., Inc. v. Kellogg Brown & Root, Inc.
- Author : Supreme Court Of Utah
- Release Date : January 15, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
This case arises out of the construction of what is now known as Minute Maid Park and involves disputes among the owner of the ball park, the general contractor, and one of its subcontractors. The subcontractor sued the general contractor asserting contract claims for retainage and contract damages as well as seeking a declaratory judgment against both the owner and the general contractor that the subcontractiors ten-year warranty on the parks retractable roof was void. The general contractor asserted a counterclaim for breach of contract and declaratory relief. The trial court granted summary judgment denying the subcontractors claims for declaratory relief against the general contractor and the owner. After a jury trial, the trial court rendered judgment that both the subcontractor and the general contractor take nothing on their claims against each other. On appeal, the subcontractor (1) challenges the legal and factual sufficiency of the jurys finding that it did not substantially perform its duties under the subcontract, (2) asserts the trial court abused its discretion in admitting evidence regarding the warranty, (3) claims the trial court erred in not rendering judgment in its favor on an allegedly separate and independent contract claim for maintenance work on the roof, and (4) argues the trial court erred in rendering summary judgment dismissing its declaratory-judgment claims. In its cross-appeal, the general contractor asserts the trial court erred in denying it attorneys fees under provisions of the subcontract allowing the prevailing party in litigation between the subcontractor and the general contractor to recover attorneys fees. We affirm the trial courts judgment.
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