United States Third Circuit

In a contract suit arising from two public-school construction projects, jury verdict and award of damages for plaintiff-school district is vacated and remanded where: 1) a third-party defendant breached its contract with plaintiff by certifying final payment on the projects without obtaining the consent of surety; 2) evidentiary rulings during the trial on the issue of damages precluded a fair trial for defendant; and 3) the record contained no evidence that plaintiff was damaged by the breach.

Appellate Information

• Argued 05/20/2008
• Decided 09/29/2008
• Published 09/29/2008

Judges

• Before:  SMITH and NYGAARD, Circuit Judges, and STAFFORD, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Amy E. Bentz, Esq. (Argued), James W. Bentz, Esq., Bentz Law Firm, Pittsburgh, PA, for Great American Insurance Company., David Raves, Esq., Maiello, Brungo & Maiello, Pittsburgh, PA, for Norwin School District., Ross A. Giorgianni, Esq. (Argued), Metz Lewis, Pittsburgh, PA, for Shoff Construction and Design, Inc., Mark J. Gesk, Esq. (Argued), Wayman, Irvin and McAuley, Pittsburgh, PA, for Foreman Program & Construction Managers, Inc.