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Rexnord Industries, LLC v. Bigge Power Constructors, LLC

947 F. Supp. 2d 951 (2013)

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Rexnord Industries, LLC v. Bigge Power Constructors, LLC

United States District Court for the Eastern District of Wisconsin
947 F. Supp. 2d 951 (2013)

Facts

Bigge Power Constructors, LLC (Bigge) (plaintiff) was hired to build derricks for the construction of a nuclear power plant. Bigge contracted with Rexnord Industries, LLC (Rexnord) (defendant) to pay $4.5 million in exchange for 28 steel castings for use in building the derricks. Bigge accepted all the castings, but it refused to pay the final $1 million due under the contract, and Rexnord sued. Bigge counterclaimed, alleging (1) that Rexnord had failed to deliver the castings on schedule and (2) that Rexnord had failed to perform a root-cause analysis, which prevented the castings from working properly. Bigge requested damages for the expenses it had incurred due to the lack of a root-cause analysis as well as personnel and equipment expenses it had incurred due to the delayed delivery. Rexnord moved for summary judgment, arguing that Bigge was not entitled to recover these damages because the parties’ contract excluded liability for special, consequential, or incidental damages. The trial court ruled on Rexnord’s motion.

Rule of Law

Issue

Holding and Reasoning (Adelman, J.)

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