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FALCON STEEL CO. v. WEBER ENGINEERING CO.

Civ. A. No. 8376.

517 A.2d 281 (1986)

FALCON STEEL COMPANY, Plaintiff, v. WEBER ENGINEERING COMPANY, INC., Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: September 23, 1986.

Attorney(s) appearing for the Case

William E. Manning, of Duane, Morris & Heckscher, Wilmington, and David Westermann, Jr., of Buckley, Treacy, Schaffel, Mackey, and Abbate, New York City, for plaintiff.

William H. Sudell, Jr., and Donald E. Reid, of Morris, Nichols, Arsht & Tunnell, Wilmington, and Robert J. McPherson, of Postner & Rubin, New York City, for defendant.

OPINION

JACOBS, Vice-Chancellor.

The plaintiff, Falcon Steel Company ("Falcon") is the prime contractor for steel fabrication and erection for the construction of a corporate office building for Becton Dickinson and Company ("Becton") in New Jersey. In 1984 Falcon subcontracted to the defendant Weber Engineering Company ("Weber") the steel erection portion of its contract with Becton. The Falcon/Weber subcontract called for Falcon to fabricate the steel...

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