Fusion Bond Coating Systems v. Regional Steel
Fusion Bonding Coating Systems, Inc. (FBC) appeals from an adverse summary judgment in favor of Regional Steel Corporation (Regional Steel), a subcontractor for steel rebar on the construction of the new Benicia Martinez Bridge. Regional Steel subcontracted with FBC and with a second company to epoxy coat portions of the rebar that Regional Steel was providing to the project. The original contract documents between Regional Steel and FBC specified approximate quantities of different configurations of rebar that would be coated at specified unit prices. After a lengthy delay on the project that was the fault of neither Regional Steel nor FBC, FBC provided Regional Steel with a series of increased unit prices necessitated by the passage of time. Regional Steel paid FBC the higher unit prices for the rebar that FBC coated subsequent to the submission of the higher prices, but sent the bulk of the remaining rebar to FBCs competitor, which agreed to perform the epoxy coating at lower unit prices. FBC sued Regional Steel for breach of contract in failing to provide it with the approximate quantities of work to perform specified in the original agreement. Following discovery, the trial court granted Regional Steels motion for summary judgment. Finding no error, Court affirm.
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