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Potomac Constructors, LLC v. EFCO Corp.

United States District Court for the District of Maryland
530 F. Supp. 2d 731 (2008)


The plaintiff contracted with the State of Maryland to replace the Woodrow Wilson Bridge. The contract provided for damages in the event the replacement project was delayed. The plaintiff subcontracted with the defendant, hiring the defendant to provide steel framework for the bridge. The subcontract limited the defendant’s liability in the event of a breach “to those charges, expenses, costs and damages expressly provided for” in the contract. Specifically, the contract limited the defendant’s liability to damages for defective workmanship or materials. The contract explicitly excluded consequential and incidental damages. Some of the formwork the defendant provided was defective, and the defendant repaired that defective formwork. However, the repairs resulted in delays to the project, and the plaintiff filed suit against the defendant, seeking damages resulting from the delays. The defendant moved for summary judgment.

Rule of Law


Holding and Reasoning (Titus, J.)

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