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Contracts Keyed to Fuller
Independent Mechanical Contractors, Inc. v. Gordon T. Burke & Sons, Inc.
Citation:
635 A.2d 487, 138 N.H. 110 (N.H. 1993)Facts
In April 1980, the Bartlett School District hired Burke as a general contractor for school renovations costing nearly $900,000. Burke subcontracted the plumbing, heating, and ventilation work to IMC, a family business less than a year old. The contract required Burke to supervise the project to prevent conflicts and delays, with a targeted completion date of December 1, 1980. Burke failed to create a work schedule for the different trades, causing approximately one month of delays during summer 1980 that compressed IMC’s work timeframe. By early spring 1981, IMC had substantially completed its work and received “punch list” assignments. When IMC refused to complete items it believed were outside its contract scope, school officials, apparently at Burke’s direction, ordered IMC off the site in February 1982. The construction industry was experiencing a scarcity of work at the time, and IMC’s involvement in this high-profile project affected its reputation. Following these events, IMC experienced a sudden drop in income, lost its ability to obtain credit and bonding, and failed to secure jobs despite competitive bids.
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