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Bilt-Rite Contractors, Inc. v. The Architectural Studio
2005 Pa. LEXIS 99 (Pa. January 19, 2005)
The East Penn School District entered into a contract with The Architectural Studio (“TAS”), pursuant to which TAS agreed to prepare plans, drawings and specifications (collectively, “Design Documents”) for the construction of a new school. The Design Documents were submitted to contractors for the purpose of preparing bids to perform the general construction of the school. Bilt-Rite submitted a bid for the general construction work, and was awarded the contract as the lowest responsive, responsible bidder. The contract between Bilt-Rite and the School District specifically referred to and incorporated by reference, TAS’s Design Documents.

In re P.J. Dick, Inc.
2002 VA BCA LEXIS 2; 2002-1 B.C.A. (CCH) P31,732 (9/27/01)
The Department of Veterans Affairs (“VA”) awarded P.J. Dick, Inc. (“PJD”) a contract for the construction of a clinical addition to the Department of Veteran Affairs Medical Center in Ann Arbor, Michigan (the “Contract”). To complete its work under the Contract, PJD entered into a subcontract with Kent Electric Services (“KES”) pursuant to which KES agreed to perform all electrical work for the project for labor and material costs plus a $10,000 per month management fee.

Gaeta v. Ridley School District
SUPREME COURT OF PENNSYLVANIA, 788 A.2d 363; 2002 Pa. LEXIS 132( January 25, 2002)
Ridley School District invited bids for various prime contracts for the construction of a new high school. IBE Contracting, Inc. submitted a bid for the “Aluminum Entrances and Storefronts Construction”. In its bid package, IBE submitted a bid bond from a surety with a Best Rating of “B”. The Instructions to Bidders, however, required that, with respect to the bid bond, the “Surety Company shall be licensed. . .with a minimum Best Rating of A- or better.” After it was determined that IBE was the lowest bidder, the School District contacted IBE and requested that IBE submit a bid bond from a surety with the required Best Rating. IBE submitted a compliant bid bond and the School District awarded IBE the contract.

In re: Steve A. Clapper & Assoc. of Fla.,
265 B.R. 460 (Bankr. M.D. Fla. 2001)
Capital Indemnity Corporation (“Capital”) was the surety of Steve A. Clapper & Associates of Florida (“Clapper”) on a project for Manatee County. Clapper submitted a payment application to Manatee County on September 30, 1999, seeking payment of $95,702.04 for work performed, which Manatee County accepted. On October 21, 1999, Manatee County terminated Clapper for default, and Capital assumed performance of the Project in accordance with the surety bonds.

Associated Mechanical Contractors, Inc. v. Martin K. Eby Constr. Co., Inc.
No. 00-10784, 2001 U.S. App. LEXIS 24235 (11th Cir. Nov. 9, 2001)
Martin K. Eby Construction Company, Inc. (“Eby”) was the prime contractor on a Georgia prison construction project. Eby entered into subcontract with Associated Mechanical Contractors, Inc. (“Associated”) pursuant to which Associated agreed to perform the mechanical, heating, ventilation, air-conditioning, and plumbing work for the project.

Trumbull Corp. v. Boss Constr., Inc. et al.
768 A.2d 369 (Pa. Commw. Ct. 2001)
The Pennsylvania Department of Transportation (“PennDot”) entered into a contract with A&L, Inc. (“A&L”) pursuant to which A&L agreed to serve as general contractor for a road resurfacing project. A&L obtained a labor and material payment bond from Safeco Insurance Company of America (“Safeco”). A&L also retained Boss Construction, Inc. (“Boss”) to serve as subcontractor for a portion of the work.

Travelers Cas. and Sur. Co. of Am. v. Colonial Sch. Dist. et. al.
No. 18167, 2001 Del. Ch. LEXIS 31 (Del. Ch. Mar. 16, 2001)
Travelers Casualty and Surety Company of America (“Travelers”) served as surety of contractor Healy Management Services, Inc. (“Healy”) on a project for the Colonial School District (“Colonial”). Traveler’s also served as surety of Healy on a project for Electra Arms Senior Associates, L.P. (“Electra Arms”). Casey Electric, Inc. (“Casey”) and I.D. Griffith, Inc. (“Griffith”) were subcontractors of Healy on separate unbonded projects, unrelated to the projects which were bonded by Travelers.

Ingrassia Constr. Co., Inc. v. Vernon Township Bd. of Educ.
No. A-3954-00T2F, 2001 N.J. Super. LEXIS 411 (N.J. Super. App. Div. Nov. 8, 2001)
Ingrassia Construction Co., Inc. (“Ingrassia”) entered into a contract with the Vernon Township Board of Education (“Board”) pursuant to which Ingrassia agreed to perform renovations of and additions to the Vernon Township High School. Ingrassia’s performance of its work scope was subject to several milestone dates. Despite this obligation, Ingrassia consistently failed to perform in accordance with the project schedule.

Polydyne, Inc. v. City of Philadelphia
No. 2454 C.D. 2001 (Pa. Commw. Ct. April 4, 2002)
The City of Philadelphia solicited bids for the provision of polymers for use by the City Water Department. Cytec Industries, Inc. (“Cytec”) was the successful bidder. Polydyne, Inc. (“Polydyne”), a disappointed bidder, filed a claim against the City of Philadelphia, seeking to enjoin the award to Cytec. After review of the merits, the trial court rejected the request for equitable relief.