JAY JALA, LLC v. DDG CONSTRUCTION, INC.

Filing 37

OPINION/ORDER THAT DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. #28) IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 11/1/16. 11/1/16 ENTERED AND COPIES E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAY JALA, LLC,
Plaintiff,
v.

CIVIL ACTION
NO. 15-3948

DDG CONSTRUCTION, INC.,
Defendant.

ORDER
AND NOW, this 1st day of November, 2016, upon consideration of
Defendant’s Motion for Partial Summary Judgment (Doc. #28) and all supporting and
opposing papers, it is hereby ORDERED that the Motion is GRANTED IN PART
AND DENIED IN PART. As more fully explained in the accompanying memorandum
opinion:
1. The “Project Completion Fee by Owner” constitutes direct damage and is
not waived by contract.
2. The “Loss of Income” request has been dropped by Plaintiff, but is also
barred by the contractual waiver of consequential damages.
3. The costs of “Insurance” are consequential and barred by the contractual
waiver.
4. The “Advertising Expenses” are consequential and barred by the
contractual waiver.
5. The costs of “Funiture, Fixtures and Equipment (FFE) and Interest Paid”
are consequential and barred by the contractual waiver.

6. The “Bank Interest” constitutes direct damage and is not waived by
contract.
7. The cost of “Utilities paid from January 23, 2015 until May 15, 2015”
constitutes direct damage and is not waived by contract.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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