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Contracts Keyed to Ayres
Spang Industries, Inc., Fort Pitt Bridge Division v. Aetna Casualty & Surety Co.
Citation:
512 F.2d 365 (2d Cir. 1975)Facts
Torrington Construction was the successful bidder on a highway reconstruction contract in Washington County, New York. Fort Pitt provided an oral quotation to fabricate, furnish, and erect structural steel for a bridge at 27.5 cents per pound, confirmed in a September 5, 1969 letter stating “Delivery to be mutually agreed upon.” In November 1969, the parties agreed on a late June 1970 delivery date. In January 1970, Fort Pitt advised it could not meet the June date due to “unforeseen delays.” After Torrington threatened cancellation, Fort Pitt promised August 1970 delivery but failed to meet this date as well. The delayed delivery forced Torrington to unload steel itself and complete concrete pouring in freezing temperatures on a crash basis, incurring extra costs. Fort Pitt sued for the balance due on the contract, while Torrington sought damages for the delay.
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