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Blake Constr. Co. v. C. J. Coakley Co.

Blake Constr. Co. v. C. J. Coakley Co.

District of Columbia Court of Appeals

July 9, 1980, Argued ; May 27, 1981, Decided

Nos. 79-1225, 79-1229

Opinion

 [*571]  This case is, in essence, a dispute between a subcontractor and a contractor concerning a partially completed subcontract on a major construction project. We affirm the trial court's decision on all issues except the calculation of the award of damages.

Appellees in No. 79-1229 and appellants in No. 79-1225, Blake Construction Co., Inc. (Blake) and U.S. Industries, Inc. (USI), as joint venturers, bid on and were awarded a contract as the general contractor by the United States, Department of the Army, Baltimore District, Corps of Engineers (the government), for the construction of the "New Walter Reed Hospital" in the District of Columbia. Blake was the managing partner of the joint venture. The contract (also referred to as the "prime contract") was entered into on July 28, 1972, in the amount of $ 102,321,000.

The remaining [**2]  appellee in No. 79-1229 and appellant in No. 79-1225, the Aetna Casualty and Surety Company (Aetna), executed performance and payment bonds regarding this contract as surety for Blake and USI.

Appellant in No. 79-1229 and appellee in No. 79-1225, C.J. Coakley Co., Inc. (Coakley), is engaged in the business, inter alia, of fireproofing structural steel in buildings under construction. Blake had obtained a bid from Coakley, prior to submitting its bid for the prime contract to the government, for $ 638,500 for the spray fireproofing work called for under the government's specifications for the Hospital.

After entering into the prime contract with the government, Blake informed Coakley that its initial bid was too high and that work to be performed now included the installation and fireproofing of tubes around hangar rods in the interstitial floors. 1

 [**3]  After a physical inspection of the job site by its President, Cornelius Coakley, Coakley executed a subcontract with Blake-USI for the fireproofing work on July 9, 1974, in the amount of $ 570,000.

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431 A.2d 569 *; 1981 D.C. App. LEXIS 299 **

BLAKE CONSTRUCTION CO., INC., et al., APPELLANTS, v. C.J. COAKLEY CO., INC., APPELLEE; C.J. COAKLEY CO., INC., APPELLANT, v. BLAKE CONSTRUCTION CO., INC., et al., APPELLEES

Prior History:  [**1]   Appeals from the Superior Court of the District of Columbia (Hon. Fred B. Ugast, Trial Judge)

Disposition:  So ordered.

CORE TERMS

subcontract, fireproofing, damages, trial court, trial judge, subcontractor, floors, breached, structural steel, Specification, Contractor, billings, spray, prime contract, installation, costs, change order, pipes, heat, site, prejudgment interest, interstitial, scheduled, bid, work area, discontinuing, provisions, patching, sequence, suspend

Business & Corporate Compliance, Contracts Law, Types of Contracts, Quasi Contracts, Real Property Law, Construction Law, Contracts, Evidence, Burdens of Proof, Clear & Convincing Proof, Torts, Business Torts, Fraud & Misrepresentation, General Overview, Inferences & Presumptions, Civil Procedure, Remedies, Damages, Punitive Damages, Contracts Law, Measurement of Damages, Foreseeable Damages, Election of Remedies, Types of Damages, Punitive Damages, Contract Conditions & Provisions, Waivers, Compensatory Damages, Judgment Interest, Prejudgment Interest