(DOWNLOAD) "Triad Electric & Controls Inc. v. Power Systems Engineering Inc." by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Triad Electric & Controls Inc. v. Power Systems Engineering Inc.
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 30, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
The primary issues arising out of this Texas diversity action, concerning a construction contract dispute tried to the district court, are whether the court reversibly erred first, by allowing, after close of the evidence, the addition of a fraud counterclaim, and second, by then ruling in favor of that new claim, including awarding punitive damages of $3 million, without allowing the counterclaim defendant, Triad Electric & Controls, Inc., to defend, post-addition, against the claim. Triad, the electrical subcontractor on a construction project, appeals a take-nothing judgment on its contract-based claims against both the project owners engineer, Power Systems Engineering, Inc. (PSE), and the general contractor, Century Contractors West, Inc.; the judgment for Century on its counterclaim for overpayments; and the judgment for Century and PSE on their counterclaim for fraud. Century cross-appeals the denial of attorneys fees. We AFFIRM in part, REVERSE in part, and REMAND for further proceedings.