FLUOR ENTERPRISES, INC., f/n/a FLUOR DANIEL, INC., Plaintiff, v. SOLUTIA INC., Defendant., 147 F. Supp. 2d 648

Summary

Plaintiff and defendant contracted for engineering and other work to be performed by plaintiff at defendant's plant. The contract included a "Dispute Resolution" section setting forth steps the parties must take over any disputes, including a mediation time table before suing. A dispute arose and plaintiff filed suit. Both sides moved for summary judgment. The parties disagreed about what actions commenced the "procedure" setting in motion the time table before suit and defendant claimed plaintiff had failed to comply with a condition precedent in that regard. The contract stated Missouri law applied. Plaintiff claimed Texas law voided the provision. For purposes of interpreting the contract, it made no difference. The court agreed with plaintiff's reading of the parties' unambiguous agreement. It granted plaintiff's motion, denied defendant's motion, and dismissed defendant's condition precedent defense with prejudice. Under the mediation procedure adopted, there was an express ...