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Contracts Keyed to Summers
Mauldin v. Sheffer
Facts
L. Miles Sheffer (Plaintiff), a licensed architect, was hired to provide architectural services for the design and construction of five school buildings. Plaintiff entered an agreement with John G. Mauldin (Defendant), a registered professional mechanical engineer, under which Defendant was to provide engineering plans and specifications for the five school buildings. The plans and specifications provided by Defendant were rejected because they violated the laws of physics and the rules and regulations governing the project. As a result, Plaintiff had to employ another engineer to supply new plans and specifications, and lost the opportunity to work on other school projects he had previously secured. Plaintiff sued Defendant, alleging that Defendant had used plans and specifications from his previous projects that were unsuitable for Plaintiff’s project. Plaintiff claimed negligence and aggravated tortious conduct, and sought $500,000 in punitive and exemplary damages. Defendant filed a general demurrer to the petition. The trial court overruled the demurrer. Defendant appealed.
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