United States First Circuit

In three consolidated proceedings in bankruptcy court involving claims brought by the debtor construction company against the Puerto Rico Highway and Transportation Authority, the bankruptcy court's judgment is affirmed in all respects except for the calculation of extended overhead damages and the award of prejudgment interest, where: 1) the Authority's claim that the debtor lacked standing to include the work of certain subcontractors in its accounting was waived, but its other claims of error were preserved; 2) the debtor substantially complied with the contractual notice requirements for claims for extra compensation; 3) the award of Eichleay-based overhead damages was erroneous in some respects; and 4) remand on the calculation of prejudgment interest was necessary.

Appellate Information

• Decided 05/11/2012
• Published 05/11/2012

Judges

• Selya

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Raul Castellanos-Malave, Charles A. Cuprill-Hernandez