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MONSEN ENGINEERING CO. v. TAMI-GITHENS, INC.

219 N.J. Super. 241 (1987)

530 A.2d 313

MONSEN ENGINEERING CO., PLAINTIFF, v. TAMI-GITHENS, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT, THE HOUSING AUTHORITY OF THE CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT, v. INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION OF PENNSYLVANIA, THIRD-PARTY DEFENDANT, AND OHIO CASUALTY INSURANCE CO., A CORPORATION OF OHIO, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 1987.

Attorney(s) appearing for the Case

Jack Jay Wind argued the cause for appellants Tami-Githens, Inc. and Ohio Casualty Insurance Co. (Margulies, Margulies & Wind, Attorneys; Mr. Wind, on the brief).

Spencer N. Miller argued the cause for respondent (Miller & Galdieri, Attorneys; Mr. Miller, of counsel and on the brief).

Before Judges FURMAN, DREIER and SHEBELL.

The opinion of the court was delivered by DREIER, J.A.D.

Defendant Tami-Githens Inc. and its surety Ohio Casualty Insurance Co. have appealed from a Law Division decision in favor of the Jersey City Housing Authority (Authority) in a breach of contract action. The Authority has cross-appealed from a ruling limiting it to the liquidated damage provisions in its contract.

This case involves a contract for the installation of a computerized zone-controlled energy...

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