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IN RE PROGRESSIVE PLUMBING, INC.

Case No. 6:15-bk-07275-KSJ, Jointly Administered Case No. 6:15-BK-07276-KSJ, Case No. 6:15-BK-07277-KSJ, Adversary No. 6:17-ap-00044-KSJ.

In re PROGRESSIVE PLUMBING, INC., PROGRESSIVE SERVICES, LLC and GRACIOUS LIVING DESIGN CENTER, INC., Chapter 11, Debtors. KELLOGG & KIMSEY, INC., A Florida Corporation, Plaintiff, v. PROGRESSIVE PLUMBING, INC., A Florida Corporation, ALLIED WORLD SPECIALTY INSURANCE COMPANY, a Foreign Profit Corporation, Defendants. PROGRESSIVE PLUMBING, INC., Counter-Plaintiff, v. KELLOG & KIMSEY, INC., Counter-Defendant. PROGRESSIVE PLUMBING, INC., Counter-Plaintiff, v. ALLIED WORLD SPECIALTY INSURANCE COMPANY, Cross-Defendant. ALLIED WORLD SPECIALTY INSURANCE COMPANY, Cross-Plaintiff, v. PROGRESSIVE PLUMBING, INC., Cross-Defendant.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

September 30, 2019.

Attorney(s) appearing for the Case

Kellogg & Kimsey, Inc. A Florida Corporation, Plaintiff, represented by M. Lewis Hall, III , Williams Parker Harrison Dietz & Getzen, Joseph M. Herbert , Gurley Vitale & Jennie Z. Lippert , Gurley Vitale.

Progressive Plumbing, Inc., Defendant, represented by Michael A. Nardella , Nardella & Nardella, PLLC & Christine Irwin Parrish , Christine Irwin Parrish, P.A.

Allied World Specialty Insurance Company, Defendant, represented by Jonathan P. Cohen , Jonathan P. Cohen, P.A.

Kellogg & Kimsey, Inc., Counter-Defendant, represented by M. Lewis Hall, III , Williams Parker Harrison Dietz & Getzen, Jennie Z. Lippert , Gurley Vitale & Joseph M. Herbert , Gurley Vitale.

Progressive Plumbing, Inc., Cross-Claimant, represented by Michael A. Nardella , Nardella & Nardella, PLLC.

Allied World Specialty Insurance Company, Cross Defendant, represented by Jonathan P. Cohen , Jonathan P. Cohen, P.A.

Allied World Specialty Insurance Company, Cross-Claimant, represented by Jonathan P. Cohen , Jonathan P. Cohen, P.A.

Progressive Plumbing, Inc., Cross Defendant, represented by Michael A. Nardella , Nardella & Nardella, PLLC.

Kellogg & Kimsey, Inc., Cross Defendant, represented by Joseph M. Herbert , Gurley Vitale & Jennie Z. Lippert , Gurley Vitale.

Allied World Specialty Insurance Company, Counter-Claimant, represented by Jonathan P. Cohen , Jonathan P. Cohen, P.A.

ORDERED.

MEMORANDUM OPINION

The primary issue is who breached a construction contract and what are the damages in this dispute between a general contractor, Plaintiff Kellogg & Kimsey, Inc. ("K&K"), and its plumbing subcontractor, the Debtor Progressive Plumbing...

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