Contracts Keyed to Fuller
Albre Marble & Tile Co. v. John Bowen Co.
Albre Marble & Tile Co. (Plaintiff) was a subcontractor for John Bowen Co. (Defendant) on a public building construction project. A clause in the Plaintiff’s subcontract required Plaintiff to “furnish and submit all necessary or required samples, shop drawings, tests, affidavits, etc., for approval, all as ordered or specified.” Defendant’s building contract was subsequently declared invalid for certain bidding procedures. Plaintiff did not actually perform any work on the building itself but sued Defendant in quantum meruit for the value of the work in preparation for performance.The trial court granted Defendant’s motion for summary judgment.
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