United States Second Circuit

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Cement and Concrete Workers v. Metro Foundation Contractors Inc., 11-1214

In appeal from plaintiff's damage award of various employee benefit funds, $26,328.11 in unpaid contributions owed by defendant pursuant to ERISA, liquidated damages, and costs, judgment is affirmed where the district court did not err in using the method of calculating damages set out in the collective bargaining agreement, because parties are free to agree to an alternate method of calculating damages when an employer fails to provide relevant records, without offending the requirement that damages be proven with reasonable certainty.

Appellate Information

  • Decided 10/25/2012
  • Published 10/25/2012




  • United States Second Circuit