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NATIONAL STEEL ERECTION, INC. v. J.A. JONES CONST.

Civ. A. No. 2:94-CV-225.

899 F.Supp. 268 (1995)

NATIONAL STEEL ERECTION, INC., Plaintiff, v. J.A. JONES CONSTRUCTION COMPANY, General Electric Environmental Services, Inc., Defendants. J.A. JONES CONSTRUCTION COMPANY, Counter-claimant, v. NATIONAL STEEL ERECTION, INC., Counter-defendant.

United States District Court, N.D. West Virginia.

September 20, 1995.

Attorney(s) appearing for the Case

Stephen G. Jory, Jory & Smith, Elkins, WV and George P. Parker, David G. Hazlett, Parker & O'Connell, Louisville, KY, for Plaintiffs and Counter-Defendant National Steel Erection, Inc.

Harry M. Rubenstein, Kay, Casto, Chaney, Love & Wise, Morgantown, WV and Cordell M. Parvin, Warren H. Britt, Curtis G. Manchester, Charles F. Barnett, Jr., Parvin, Wilson & Barnett, P.C., Richmond, VA, for Defendant and Counter-Claimant, J.A. Jones Construction Company.

Charles M. Love, III, Charleston, WV, for Defendant General Electric Environmental Environmental Services, Inc.

ORDER

KEELEY, District Judge.

I.

This dispute, arising from a construction project at Virginia Electric and Power Company's ("VEPCO") Mt. Storm plant, requires this Court to decide whether a subcontractor may sue another contractor for economic damages where there is no privity of contract between the parties. The plaintiff, subcontractor National Steel Erection ("NSE"), incurred significant economic loss due to cost overruns and delays...

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