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Urban Masonry Corp. v. N&N Contractors, Inc.

Citations: 676 A.2d 26; 1996 D.C. App. LEXIS 85; 1996 WL 264689Docket: 94-CV-283

Court: District of Columbia Court of Appeals; May 16, 1996; District Of Columbia; State Supreme Court

Narrative Opinion Summary

The case involves a breach of contract claim by a subcontractor, N&N Contractors, against Urban Masonry Corporation concerning a construction project. N&N alleged that Urban failed to compensate for additional work, including the installation of extra precast concrete panels and costs incurred due to delays by a material supplier. The trial court granted partial summary judgment in favor of N&N for the additional panels and awarded damages and attorneys' fees. The jury also awarded damages for delays and disruptions. Urban appealed, arguing contract ambiguities and challenging the summary judgment and damage awards. The appellate court affirmed the trial court's decisions, noting that the contract was not ambiguous and that N&N was entitled to compensation beyond the specified scope. However, the case was remanded for the trial judge to determine the reasonableness of attorneys' fees awarded by the jury. The court rejected Urban's argument concerning the interest on delay claims, maintaining that Urban breached its duty to protect N&N’s interests in a settlement with the general contractor. Ultimately, the court upheld the trial court's rulings, except for remanding the attorneys' fees issue for further consideration.

Legal Issues Addressed

Ambiguity in Contract Interpretation

Application: Urban's claim of ambiguity in the contract's scope was rejected, upholding that the additional panels were beyond the subcontract's scope.

Reasoning: The trial court determines issues of contract interpretation as a matter of law, establishing that differing interpretations by parties do not create ambiguity.

Attorneys' Fees Provisions in Contracts

Application: The court found that conflicting attorneys' fees provisions allowed N&N to recover fees as the prevailing party, and remanded for a determination of reasonableness.

Reasoning: The trial judge correctly allowed the jury to evaluate the enforceability of the attorneys' fees provision but erred by submitting the reasonableness of the fees to the jury.

Contractual Obligation Beyond Specified Quantity

Application: N&N was entitled to compensation for additional panels installed beyond the 'approximately 297' specified in the subcontract.

Reasoning: The term 'Approx. 297' does not strictly limit N. N's obligation to 297 precast pieces, as conceded by N. N.

Extrinsic Evidence in Contract Disputes

Application: The trial court appropriately considered the speed memo as extrinsic evidence to determine the intent of the parties regarding additional compensation.

Reasoning: However, the court concluded that the trial court did not err in this regard, as it is permitted to review relevant documents, including extrinsic evidence, to clarify ambiguous contract terms.

Interest on Delay and Disruption Claims

Application: The court upheld the interest award on N&N's delay and disruption claim, determining that Urban breached its duty to protect N&N’s interests.

Reasoning: The court rejects these arguments, determining that the condition precedent was satisfied on November 6, 1991, when Urban settled with Blake.

Summary Judgment in Contract Disputes

Application: The trial court granted partial summary judgment to N&N for additional work performed, as there was no genuine issue of material fact.

Reasoning: Summary judgment is deemed appropriate when the nonmoving party's allegations are accepted as true and no genuine issue of material fact exists, permitting judgment as a matter of law.