John Marandola Plumbing & Heating Co. v. Delta Mechanical, Inc.

769 A.2d 1272, 2001 R.I. LEXIS 125, 2001 WL 406539
CourtSupreme Court of Rhode Island
DecidedApril 23, 2001
DocketNo. 98-465-Appeal
StatusPublished
Cited by7 cases

This text of 769 A.2d 1272 (John Marandola Plumbing & Heating Co. v. Delta Mechanical, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Marandola Plumbing & Heating Co. v. Delta Mechanical, Inc., 769 A.2d 1272, 2001 R.I. LEXIS 125, 2001 WL 406539 (R.I. 2001).

Opinion

OPINION

BOURCIER, Justice.

This is a private cause of action brought pursuant to G.L.1956 § 9-1-52, entitled “Cause of action for next lowest bidding qualified contractor.” The plaintiff, John Marandola Plumbing and Heating Compa[1274]*1274ny (Marandola), appeals from the entry of summary judgment in favor of the defendant, Delta Mechanical, Inc. (Delta). After a hearing on the parties’ cross-motions for summary judgment, the trial justice found that although Delta had violated G.L.1956 chapter IB of title 37 (the prevailing wage law), Marandola had failed to show damages as a result of Delta’s violation in accordance with § 9-1-52; consequently, he entered summary judgment in favor of Delta. In its appeal, Marandola asserts that the trial justice applied a legally erroneous standard in passing upon the motion, and that because there existed genuine issues of material fact, entry of summary judgment was precluded.

Facts/Procedural History

The facts in this case essentially are undisputed. Sometime prior to April 1994, the East Greenwich School Department (School Department) awarded a contract to Gilbane Building Company (Gilbane) to perform a wide range of renovations to the town’s public schools. Rather than impose a maximum cost cap for each individual project, a guaranteed maximum total cost cap was imposed upon the entire contract. Thereafter, Gilbane prepared bid packages to contract out some of the individual projects within the contract.

In April 1994, Gilbane presented Bid Package No. 15A requesting bids for HVAC (Heating, Ventilation and Air Conditioning) and plumbing work (the project) to be done at the schools. The bid form required each bid to include, among other things, a price for installing direct digital controls, upgrading automatic temperatures and rebuilding unit ventilators (bid requirements). On June 2, 1994, Delta and Marandola both submitted bids in response to Bid Package No. 15A. Delta’s bid totaled $888,000, but did not include the previously mentioned bid requirements; Marandola’s bid totaled $1,544,777, and included the bid requirements.

On June 10, 1994, Gilbane’s chief purchasing agent, Phillip Leffert (Leffert), wrote to the East Greenwich Superintendent of Schools, David Connolly (Connolly), recommending that the contract be awarded to Delta. Specifically, his recommendation stated that Delta’s “award amount compares to our control budget of ($1,129,000).” Gilbane and Delta entered into a contract on June 28, 1994, to perform the project. Later that year, the Rhode Island Foundation for Fair Contracting filed a complaint with the Rhode Island Department of Labor (the department) alleging that Delta had violated the prevailing wage law with respect to the project. An investigation into the allegation ensued.

After reviewing Delta’s payroll records, the department found Delta to be in conformance with the prevailing wage law; however, it determined that Delta’s method of calculating overtime benefits did not conform with the methods employed by the department. On October 5, 1995, Delta signed a consent order with the department, agreeing to pay a total of $8,386.85, plus interest, in unpaid overtime payments to twenty of its employees.

On February 5, 1997, the plaintiff filed the instant action pursuant to § 9-1-52. In its complaint, Marandola asserted that because Delta had violated the prevailing wage law, it was entitled to damages as the next-lowest bidder on the project. Marandola then filed a motion for partial summary judgment on the issue of liability. Delta responded by filing a cross-motion for summary judgment, asserting that even if it had violated the prevailing wage, Marandola never would have been awarded the contract, and therefore it could not have suffered any damages. After hearing the arguments of counsel, the [1275]*1275trial justice found that Delta had violated the prevailing wage law. However, he also held that because Marandola was unable to show that it would have been awarded the contract, it could not show that it had suffered any damages. Consequently, the trial justice entered summary judgment in favor of Delta and dismissed Marandola’s complaint. Marandola appeals.

Analysis

Marandola maintains that pursuant to § 9-1-52, it was required to prove only that: (1) Delta was the successful bidder; (2) Delta subsequently violated the prevailing wage law; (3) Marandola was the second-lowest qualified bidder; and (4) the amount of Marandola’s damages. It contends that the trial justice erred by requiring Marandola to prove an additional element not contained in the statute; namely, but for Delta’s bid, it would have been awarded the contract. Consequently, Marandola asserts that the trial justice improperly granted Delta’s cross-motion for summary judgment. In addition, Mar-andola avers that even if the trial justice applied the proper legal standard, genuine issues of material facts existed that should have precluded the granting of summary judgment.

“When reviewing a summary judgment, we do so on a de novo basis, applying the same legal criteria as the trial court.” Kiley v. Patterson, 763 A.2d 583, 585 (R.I.2000). “Only when a review of the evidence in the light most favorable to the nonmoving party reveals no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law, will this Court uphold the trial justice’s order granting summary judgment.” Id. (quoting J.R.P. Associates v. Bess Eaton Donut Flour Co., 685 A.2d 285, 286 (R.I.1996)). Like our “prerogative to affirm a determination of a trial justice ‘on grounds different from those enunciated in his or her deeision[,]’ ” we also have the prerogative to overturn the trial justice’s determination on different grounds. Ogden v. Rath, 755 A.2d 795, 798 (R.I.2000) (quoting State v. Pena Lora, 746 A.2d 113, 118 (R.I.2000)).

In this case, we are called upon to interpret § 9-1-52 for the first time. “Statutory interpretations by a trial justice present questions of law that this Court reviews de novo.” Skaling v. Aetna Insurance Co., 742 A.2d 282, 290 (R.I.1999). “In construing statutes, this Court ‘adhere[s] to the basic proposition of establishing and effectuating the intent of the Legislature^ * * * which] is accomplished from an examination of the language, nature, and object of the statute.’ ” State v. Pelz, 765 A.2d 824, 829-30 (R.I.2001) (quoting Howard Union of Teachers v. State, 478 A.2d 563, 565 (R.I.1984)). “If the language of a statute is clear on its face, then its plain meaning must generally be given effect.” Skaling 742 A.2d at 290 (citing Gilbane Co. v. Poulas, 576 A.2d 1195, 1196 (R.I.1990)).

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Bluebook (online)
769 A.2d 1272, 2001 R.I. LEXIS 125, 2001 WL 406539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-marandola-plumbing-heating-co-v-delta-mechanical-inc-ri-2001.