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, 431 A.2d 569

Summary

Appellant subcontractor sued appellee contractor for breach of contract on a major construction project. Appellant informed the appellee that its initial bid was too high and that the subcontractor would be required to complete fireproofing. A trial ensued after appellant halted performance and sought compensatory damages. The trial court found in favor of the appellant for breach of contract and for goods and services rendered. Appellant challenged this holding on appeal and alleged error on the ground that it was not awarded punitive damages, which resulted from appellee's fraudulent conduct. The court affirmed the trial court. The court held that appellee made no factually incorrect statements about delivery dates, nor did it have the requisite intent for fraud. Accordingly, appellant was only awarded compensation for partial performance.