Precision Steel Decking & Erection Co. v. American Steel Building Co.

347 F. Supp. 431, 1972 U.S. Dist. LEXIS 12477
CourtDistrict Court, E.D. Pennsylvania
DecidedAugust 3, 1972
DocketCiv. A. No. 69-2144
StatusPublished
Cited by2 cases

This text of 347 F. Supp. 431 (Precision Steel Decking & Erection Co. v. American Steel Building Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Precision Steel Decking & Erection Co. v. American Steel Building Co., 347 F. Supp. 431, 1972 U.S. Dist. LEXIS 12477 (E.D. Pa. 1972).

Opinion

OPINION AND ORDER

MASTERSON, District Judge.

This complaint and counterclaim involve a dispute arising out of the written contract between Precision Steel Decking & Erection Company, Inc. and American Steel Building Company, Inc. The case has been submitted to us for decision upon a comprehensive set of agreed stipulated facts and upon the depositions of several key witnesses. After thoroughly considering this record and counsels’ briefs and oral argument we make the following:

FINDINGS OF FACT

1. Plaintiff, Precision Steel Decking & Erection Company, Inc. (herein called “Precision”), is a New Jersey corporation, having at the time this action commenced its principal place of business in Westville, New Jersey.

2. At such time Precision was engaged in the erection of steel buildings and other structures.

3. Defendant, American Steel Building Company, Inc. (herein called “American”), is a Texas corporation having its principal office in Houston, Texas.

4. American is engaged, inter alia, in the fabrication, sale and erection of metal structures.

5. Defendant, Reliance Insurance Company, is a Pennsylvania corporation, having its principal office in Philadelphia, Pennsylvania.

6. Berkeley Construction Company (herein called “Berkeley”), on or about April 29, 1968 entered into a contract with the City of Philadelphia to complete general construction of a service hangar and three “T” hangars at the North Philadelphia Airport, for a price of $513,000.00.

7. On or about August 20, 1968 Berkeley entered into a subcontract with American whereby American was to furnish all labor and material for the erection of said hangars, for a price of $284,000.00.

8. Approximately three months later, American entered into a written contract, dated November 7, 1968, wherein Precision was to furnish “all labor and equipment” to erect the four hangars. Said “sub-subcontract” was in the amount of $72,900.00; American was to “advance funds weekly” to cover Precision’s “payroll, crane rental and other charges.” The work was to commence on or about November 8, 1968 and be completed within “10 to 12 weeks.” Exhibits D-17 and D-17a are copies of American’s records relating to its contract with Berkeley and Precision.

9. The circumstances under which the provision “to advance funds weekly to cover payroll, crane rental, and other charges” in the contract between American and Precision came into being was [433]*433that Precision advised American that it was not in a financial position to wait for monthly payments but would need payments at more frequent intervals. It was then agreed that American would advance weekly enough funds to cover Precision’s payroll and crane rental and then would pay the difference, if any, owed to Precision at the end of each month.

10. Precision began work on Monday, November 11, 1968. However, the material failed to arrive until 7 or 8 days later.

11. Precision encountered numerous problems in erecting the materials as they arrived, such as holes which were not properly aligned and beams which were the wrong size.

12. Materials arrived haphazardly so that some items needed to begin construction arrived after some items which were to be used to finish the project.

13. The actual erection process could not be commenced until three weeks after the scheduled date of November 11, 1968.

14. The delays complained of by American were due at least in part to these various problems with the materials which American was responsible for manufacturing and delivering.

15. Despite the fact that no materials were available at the site on November 11, 1968, at the request and with approval of American, the men and equipment were kept on the job, and this became a back charge to a certain extent.

16. Precision first submitted a bill for charges on November 12, 1968 for work not included within the contract. The amount of the bill was $1,643.37 and it was paid by American by check dated the following day, November 13, 1968.

17. Precision then submitted the following bills, all of which were paid:

DATE AMOUNT PERIOD COVERED WEEK BEGINNING DATE OF AMERICAN'S DRAFT

11-20-68 $ 2,225.60 11-10-68 11-20-68

11- 24-68 3,137.20 11-17-68 11-26-68

12- 3-68 1,826.00 11- 24-68 12-6-68

12-10-68 2,418.00 12- 1-68 12-13-68

12-18-68 1,149.89 12-8-68 12-23-68

12-26-68 1,313.24 12-15-68 1-3-69

1-1-69 1,582.56 12-22-68 1-7-69

1-8-69 2,424.13 12-29-68 1-13-69

1-17-69 2,761.45 1-5-69 1-23-69

1-22-69 2,956.02 1-12-69 1-30-69

$21,794.09

18. The following bills were submitted by Precision but were not paid:

ITEMS NOT PAID:

1- 29-69 $ 5,577.92 1-28-69

2- 18-69 1,708.75

2-13-69 5,362.55 2-11-69

2-5-69 4,769.66 2-5-69

$17,418.88

19. The total billing for which payment was made was $23,467.26, which included $21,526.78 in work covered by the contract and $1,940.48 for extras.

20. In the latter part of January, 1969, American was advised by Berkeley that Berkeley was unsatisfied with the rate of progress of erection and that American should take measures to accelerate the rate of progress.

21. In the last week of January 1969, Lee, the Vice President and General Manager of American, met with Pizzutillo, the principal stockholder in Precision, in Philadelphia and advised him that Berkeley was requesting that Precision put more men on the job and accelerate its progress of the work.

22. According to Lee, American’s foreman reported to him that in spite of [434]*434the earlier conversation between Lee and Pizzutillo, Precision still had not increased the number of men on the job.

23. About the beginning of February, 1969, Pizzutillo called Lee asking for money. Lee refused to pay more because he was under the impression that the amount of payments exceeded the rate of completion of erection.

24. Precision was unable to continue meeting its weekly payroll which American had agreed to pay under the contract, and, therefore, was unable to meet American’s request that the erection be accelerated.

25. On or about February 10, 1969, Pizzutillo telephoned Lee in Texas and advised him that Precision had pulled off the job and would not return to work unless Precision received more money. Lee told Pizzutillo to return to work, that he, Lee, would come to Philadelphia, bring a check, and examine the progress of the work.

26. Precision returned to work on February 11 or 12, and on February 12 Lee came to the project from Texas bringing a check for $11,000, with the intention of paying Precision for its bills rendered for January 29, 1969 and February 5, 1969, which total approximated $11,000, if the progress on the job warranted such payment.

27. On his arrival in Philadelphia, Lee checked with Berkeley and the City representatives to determine the extent of completion, and it was his opinion that Precision had not made any improvement in erection progress.

28. On February 12, 1969, Pizzutillo advised Lee that unless he received additional funds he would depart the job.

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347 F. Supp. 431, 1972 U.S. Dist. LEXIS 12477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/precision-steel-decking-erection-co-v-american-steel-building-co-paed-1972.