SAXON CONST. & MANAGEMENT CORP. v. MASTERCLEAN


273 N.J. Super. 374 (1992)

641 A.2d 1129

SAXON CONSTRUCTION & MANAGEMENT CORP., PLAINTIFF, v. MASTERCLEAN OF NORTH CAROLINA INC., AND FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided June 10, 1992.


Attorney(s) appearing for the Case

Anthony J. Belkowski for plaintiff, (Peckar and Abramson, attorneys)

John C. Hearn for defendant Masterclean of North Carolina Inc., (Carro, Spanbock, Kaster and Cuiffo, attorneys)


OPINION

ARNOLD, P.J.Cv.

In this lawsuit tried before the court without a jury, the court found that the defendant, a subcontractor on a construction job, had breached its contract with the general contractor. Nevertheless, the defendant maintained it was entitled to receive approximately $200,000 in savings realized by the general contractor in the course of mitigating its damages. The defendant's argument was based on a provision in the contract which provides...

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