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Remedies Keyed to Tabb, 8th
Spang Industries, Inc. Fort Pitt Bridge Division v. Aetna Casualty & Surety Co.
Citation:
512 F.2d 365 (1975)Facts
Fort Pitt, an experienced bridge steel fabricator, contracted with Torrington in September 1969 to fabricate, furnish, and erect approximately 240 tons of structural steel for a bridge over the Battenkill River in northern New York near the Vermont border. The initial contract stated “Delivery to be mutually agreed upon.” In November 1969, the parties agreed on a late June 1970 delivery date. Fort Pitt subsequently notified Torrington in January 1970 that it could not meet the June date due to expansion program delays. In May 1970, Fort Pitt promised early August delivery but did not ship the steel until late August and early September 1970. The delayed delivery forced Torrington to undertake a crash program to pour concrete in late October 1970 before freezing temperatures arrived, requiring special permission to pour at 32° Fahrenheit, overtime pay, extra equipment, and concrete protection measures. Torrington incurred $7,653.57 in additional costs due to the delay.
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