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The Blakley Corp. v. EFCO Corp.

Citations: 853 N.E.2d 998; 2006 Ind. App. LEXIS 1798; 2006 WL 2506689Docket: 49A05-0512-CV-697

Court: Indiana Court of Appeals; August 31, 2006; Indiana; State Appellate Court

Narrative Opinion Summary

In this breach of contract case, a subcontractor (Blakley) sued a supplier (EFCO) for failing to deliver materials on time and providing defective products under a purchase order associated with the Indiana State Museum project. The trial court found EFCO liable for $307,020.00 in damages to Blakley, rejecting EFCO's defense that delays were caused by inaccurate project specifications. EFCO's lack of due diligence in reviewing deflection requirements and failure to follow proper procedures contributed to its liability. The trial court also dismissed Blakley's claim for an additional 25% markup on damages, citing insufficient evidence. EFCO cross-appealed, but the court upheld the original liability finding, relying on Indiana law and federal case precedents where applicable. The appellate court affirmed the trial court's decisions, emphasizing that EFCO did not meet its burden to demonstrate that the delays were due to defects in the design plans, and that the evidence supported the trial court's judgment. The decision underscores the contractor's obligation to identify and report plan defects and the appropriateness of using federal case law absent state precedents.

Legal Issues Addressed

Breach of Contract and Liability

Application: EFCO was held liable for breach of contract due to delays and defective materials, despite its claims that delays were caused by faulty project specifications.

Reasoning: The trial court's findings indicated that EFCO did not substantiate its claims regarding the project specifications and thus bore the responsibility for the delays.

Contractor's Duty to Review Specifications

Application: EFCO failed to review deflection requirements before submitting its proposal and did not follow proper procedures for addressing specification concerns.

Reasoning: Evidence showed that EFCO did not review deflection requirements before submitting its proposal and conceded its policy of not reviewing project specifications prior to bidding.

Implied Warranty in Government Contracting

Application: The Spearin Doctrine's applicability was challenged, with EFCO failing to prove that plan defects caused the delays, thus maintaining its liability.

Reasoning: EFCO's reliance on the U.S. Supreme Court case Spearin is deemed inappropriate since EFCO did not demonstrate that its delays resulted from defects in the plans.

Rejection of Markup Damages

Application: Blakley's claim for a 25% markup on overhead and profit was rejected due to insufficient evidence distinguishing these costs.

Reasoning: The trial court, having heard the evidence and testimony, chose not to adopt Blakley's claim for markup damages, indicating it was unconvinced of Blakley's entitlement to this amount.

Use of Federal Case Law in State Court

Application: The trial court appropriately considered federal case law in the absence of relevant state precedents regarding construction contract delays and defects.

Reasoning: The trial court's reliance on federal case law regarding these issues was deemed appropriate.