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Roofer Not Liable For Damage To Tiles It Contracted To Remove Where General Contractor Foresawthe Ex

Wednesday, July 04, 2007 12:26 pm

Roofer Not Liable For Damage To Tiles It Contracted To Remove Where General Contractor Foresawthe Expense

A federal district court awarded partial summary judgment to a subcontractor whose work on historic bathhouses damaged roof tiles in the process of moving them. However, the court denied the subcontractor's motion to award full payment of the contract because a genuine issue of fact remained as to whether the subcontractor damaged shrubbery or copper flashing.

Subcontractor Mid-Ark Roofing, Inc. (Mid-Ark) brought suit against Employers Mutual Casualty Company (Company) for payment under a bond that the Company issued to Larich, Inc., a general contractor. The project involved the stabilization of six bathhouses in Hot Springs, Arkansas. By the terms of the subcontract, Mid-Ark agreed to furnish to Larich all necessary labor and materials for the roofing and sheet metal work. The Company guaranteed payment for labor and materials.

During construction, Larich requested that Mid-Ark undertake additional work to remove tiles from one of the bathhouse roofs. Mid-Ark broke an indeterminable number of tiles in the removal process. Larich purchased a pallet of tile -- the minimum quantity that it could purchase -- to replace the broken tile. Larich conceded that a percentage of tile always breaks when removed and that its initial bid contained an allotment to cover this expense. Nevertheless, Larich charged the cost of the pallet to Mid-Ark.

In its suit, Mid-Ark claimed that Lar [...]

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