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Court of Appeals of Michigan Holds Contractor Cannot Recover Eichleay Damages from Supplier Absent Contractual Right and Proof that Delay in Delivery Caused an Actual Loss

ITT Water & Wastewater USA, Inc. v. L. D'Agostini & Sons, Inc., 2016 Mich. App. LEXIS 579 (March 17, 2016)

Author: Jason C. Spang

8/11/2016

Read the full post at Constructlaw

Court of Appeals of Michigan Holds Contractor Cannot Recover Eichleay Damages from Supplier Absent Contractual Right and Proof that Delay in Delivery Caused an Actual Loss

This action arises out of a contract dispute between plaintiff, ITT Water & Wastewater USA, Inc. (ITT), and defendant, L. D’Agostini & Sons, Inc./Lakeshore Engineering Services, Inc. Joint Venture (D’Agostini), related to ITT’s supply of eight water pumps to D’Agostini on a project to construct a sanitary and storm water treatment and pumping station. D’Agostini filed a counterclaim against ITT, alleging that ITT’s late pump delivery delayed the project by 103 days. The trial court granted ITT’s motion for partial summary disposition and ruled that D’Agostini could not rely upon the Eichleay formula for determining its alleged home office overhead damages. The parties then dismissed, without prejudice, the remaining claims and D’Agostini appealed.