BRINDERSON CORP. v. HAMPTON ROADS SANITATION DIST.

No. 86-3949.

825 F.2d 41 (1987)

BRINDERSON CORPORATION, Appellant, v. HAMPTON ROADS SANITATION DISTRICT, Appellee, v. GANNETT, FLEMING, CORDDRY AND CARPENTER; Ralph B. Carter Company, Third-Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1987.

As Amended on Denial of Rehearing September 8, 1987.


Attorney(s) appearing for the Case

David G. Lane (Lewis J. Baker; Dorothy E. Terrell; Lewis, Mitchell & Moore, Vienna, Va., on brief), for appellant.

George D. Ruttinger (Michael J. Denton; Crowell & Moring, Washington, D.C., Herbert V. Kelly; Conway H. Shield; Robyn C. Hylton; Jones, Blechman, Woltz & Kelly, P.C., Newport News, Va., on brief), for appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


HAYNSWORTH, Senior Circuit Judge:

When a construction project goes poorly and costs exceed contract prices, litigation may be a natural consequence as the parties seek to determine the extent to which blame should be allocated between such independent forces as extraordinary weather, the owners, who, through retained engineers, supplied site data and project specifications, and the general contractor responsible for the supervision and performance of the construction...

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