MON-RAY, INC. v. GRANITE RE, INC.

No. A03-660.

677 N.W.2d 434 (2004)

MON-RAY, INC., Respondent, v. GRANITE RE, INC., an Oklahoma corporation, Respondent, JayLark, Inc., Defendant, Metropolitan Airports Commission, Appellant. and Erickson Plumbing, Heating and Cooling, Inc., Respondent, v. Granite Re, Inc., an Oklahoma corporation, Respondent, JayLark, Inc., Defendant, Metropolitan Airports Commission, Appellant.

Court of Appeals of Minnesota.

April 7, 2004.


Attorney(s) appearing for the Case

Aaron A. Dean, Dean B. Thomson, Fabyanske, Westra & Hart, P.A., Minneapolis, MN; and Ned E. Ostenso, Hopkins, MN, for respondents Mon-Ray, Inc. and Erickson Plumbing, Heating and Cooling, Inc.

David H. Gregerson, Joseph A. Nilan, Christine A. Longe, Gregerson, Rosow, Johnson & Nilan, Ltd., Minneapolis, MN, for respondent Granite Re, Inc.

Jerome A. Miranowski, Faegre & Benson, LLP, Minneapolis, MN, for appellant.

Robert L. Magrini, Hayes Magrini & Gatewood, Oklahoma City, OK; and William R. Miller, Minneapolis, MN, for amici curiae.

Considered and decided by SCHUMACHER, Presiding Judge; WILLIS, Judge; and WRIGHT, Judge.


OPINION

WILLIS, Judge.

Appellant is a public corporation that hires general contractors for work on a sound-insulation program that appellant developed and operates. Appellant challenges the district court's grant of summary judgment to respondent subcontractors, arguing that the district court erred by determining that a forfeiture provision in appellant's contracts with a general contractor did not "bind" or "apply to" the subcontractors or the respondent...

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