O'BRIEN & GERE TECHNICAL v. FRU-CON/FLUOR DANIEL

No. 02-4156.

380 F.3d 447 (2004)

O'BRIEN & GERE TECHNICAL SERVICES, INC., a New York Corporation, Plaintiff/Appellee, v. FRU-CON/FLUOR DANIEL JOINT VENTURE; Fru-Con Construction Corporation, a Missouri Corporation; Fluor Daniel, Inc., a California Corporation, Defendants/Appellants. Fru-Con/Fluor Daniel Joint Venture; Fru-Con Construction Corporation; Fluor Daniel, Inc., Third Party Plaintiffs, v. Reliance Insurance Company, a Pennsylvania Corporation, Third Party Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2004.


Attorney(s) appearing for the Case

J. Roger Edgar, argued, St. Louis MO, for appellant.

Joe D. Jacobson, argued, St. Louis MO, for appellee.

Before BYE, RICHARD S. ARNOLD, and SMITH, Circuit Judges.


BYE, Circuit Judge.

This case illustrates the adage which counsels against going into business with someone who has less money than you.

The Procter & Gamble Company hired the Fru-Con/Fluor Daniel Joint Venture (the Joint Venture)1 as a general contractor to build a paper-manufacturing complex in Cape Girardeau, Missouri. In April 1998, the Joint Venture hired O'Brien & Gere (OBG) to design and build six buildings in the...

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