NIPPO CORPORATION/INTERNATIONAL BRIDGE CORPORATION v. AMEC EARTH & ENVIRONMENTAL, INC.

Filing 118

ORDER THAT AMEC'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. THE JOINT VENTURE'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING UNDISPUTED CHANGE ORDERS IS GRANRED IN PART AND DENIED IN PART.SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/21/11. 9/22/11 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NIPPO CORPORATION/INTERNATIONAL
BRIDGE CORPORATION,

:
:
:
Plaintiff/Counterdefendant,
:
:
CIVIL ACTION
v.
:
NO. 09-cv-0956
:
AMEC EARTH & ENVIRONMENTAL, INC. :
:
:
Defendant/Counterclaimant.
:
______________________________________________________________________________
ORDER
AND NOW, this 21st day of September 2011, upon consideration of (1) Defendant/
Counterclaimant AMEC Earth and Environmental Inc.’s (“AMEC”) motion for partial summary
judgment [doc. no. 80], and all related briefing in opposition to and in support of that Motion; (2)
Plaintiff/Counterdefendant Nippo Corp./International Bridge Corp.’s (the “Joint Venture”)
Motion for Partial Summary Judgment Regarding Liquidated Damages [doc. no. 70], and all
related briefing in opposition to and in support of that Motion; and (3) the Joint Venture’s
Motion for Partial Summary Judgment Regarding Undisputed Change Orders [doc. no. 79], and
all related briefing in opposition to and in support of that Motion; and for the reasons set forth in
the accompanying Memorandum Opinion, it is hereby ORDERED that:
1.

AMEC’s Motion for Partial Summary Judgment [doc. no. 80] is GRANTED in

part and DENIED in part as follows: AMEC’s Motion for Partial Summary Judgement is
GRANTED only with respect to Count 5 (electrical work), and Count 5 is DISMISSED with
prejudice. AMEC’s Motion is DENIED in all other respects.
2.

The Joint Venture’s Motion for Partial Summary Judgment Regarding Liquidated

Damages [doc. no. 70] is DENIED.
3.

The Joint Venture’s Motion for Partial Summary Judgment Regarding Undisputed

Change Orders [doc. no. 79] is GRANTED in part and DENIED in part as follows. The Joint
Venture is GRANTED Summary Judgment on its claim that it is entitled to payment by AMEC
for Change Order Requests 11, 19, 27, 28, 29, 32, 33, 41, and 46, with a determination of the
sum of those Change Orders and prejudgment interest owing, if any, to be determined at trial,
and with payment postponed until after final judgment in this matter and resolution of AMEC’s
Counterclaims against the Joint Venture, and offsets, if any.
It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
CYNTHIA M. RUFE, J.