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Tort Claim Won't Stick To A Contractor Who Wasn't Acting For Its Own Gain

Thursday, September 04, 2008 03:42 pm

Tort Claim Won't Stick To A Contractor Who Wasn't Acting For Its Own Gain

A construction company cried interference but failed to convince both a trial and appellate court that the nonbenefiting prime contractor on the project was to blame.

Keller Construction, Inc. (Keller) secured performance bonds for subcontractor Underground Specialists, Inc. (USI) on a water treatment/distribution system project in the village of Onotagon, Michigan (the Village). The prime contractor on the project was U.P. Engineers & Architects, Inc. (UPEA). When USI's progress failed to meet UPEA's expectations, Keller took over the project under its surety obligations.

To complete all of USI's contractual obligations, Keller brought its own equipment to the site, at substantial expense, because it was unable to hire local contractors. Allegedly the defendants warned those local contractors that Keller wasn't trustworthy.

Keller sued UPEA for malpractice, negligence and "tortuous interference with an advantageous business relationship of expectancy." The plaintiff claimed that UPEA September 2008 CONSTRUCTION CLAIMS MONTHLY [...]

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