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Jury Must Determine If Contract Excuses Weather, Shipping And Presidential Debate Delays

Monday, June 04, 2007 12:21 pm

 
Jury Must Determine If Contract Excuses Weather, Shipping And Presidential Debate Delays

A federal district court refused to decide the outcome of a case before it goes to trial, instead ruling that a jury must resolve the factual disputes between the parties.

Steel Service Corporation (Steel Service) entered into a contract with the City of Cincinnati (City) to detail, fabricate and erect a steel superstructure for the City's convention center expansion and renovation. The parties' contract required that Sequence 5 of the project begin on Aug. 18, 2004 and finish on Aug. 24, 2004. The sequence involved erection of heavy columns upon which T-4 trusses were suspended. Three factors caused a delay in the sequence's performance.

The first factor was two presidential campaign visits from President Bush and John Kerry. The candidates visited the convention center on August 16 and August 18. The City and the Secret Service mandated that the City remove all workers, hazardous materials and equipment from the job site, thus Steel Service was unable to work from August 13 through August 18.

The second factor was a delay in shipping the heavy steel columns from the manufacturer in Belgium. Apparently hurricane co [...]

 
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