CASTLE CONST. v. OWENS AND WOODS

1900327, 1900328.

590 So.2d 186 (1991)

CASTLE CONSTRUCTION COMPANY/TUSKEGEE LUMBER COMPANY, a joint venture v. The OWENS AND WOODS PARTNERSHIP. CASTLE CONSTRUCTION COMPANY/TUSKEGEE LUMBER COMPANY, a joint venture v. HOUSING AUTHORITY OF THE BIRMINGHAM DISTRICT.

Supreme Court of Alabama.

Rehearing Denied November 22, 1991.


Attorney(s) appearing for the Case

J. Lister Hubbard and Peter M. Crofton of Capell, Howard, Knabe & Cobbs, Montgomery, for appellant.

John M. Laney, Jr. and Deborah Alley Smith of Rives & Peterson, Birmingham, for appellees Owens & Woods Partnership, Kenneth Owens, Jr. and F.D.R. Woods.

E. Ann McMahan and Pamela F. Colbert of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for appellee Housing Authority of the Birmingham Dist.


MADDOX, Justice.

The issue in this case is whether the appellant contractor is entitled to a jury determination of whether it suffered delay and disruption loss resulting from the discovery of asbestos during its renovation of a housing project owned by the appellee, Housing Authority of the Birmingham District (hereinafter referred to as "HABD").

On November 10, 1981, Castle Construction Company and Tuskegee Lumber Company entered into a joint venture (hereinafter...

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