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INSULATION CONTRACTING & SUPPLY v. KRAVCO, INC.

209 N.J. Super. 367 (1986)

507 A.2d 754

INSULATION CONTRACTING AND SUPPLY, A/K/A I.C.S., PLAINTIFF-APPELLANT, v. KRAVCO, INC., EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, MILLMAK ASSOCIATES AND COPE CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS, AND PEYTON INTERIOR CONTRACTORS, INC., PEYTON CONTRACTORS, INC. AND COPE LINDER ASSOCIATES, DEFENDANTS. GAR EQUIPMENT CORPORATION, PLAINTIFF-APPELLANT, v. MILLMAK ASSOCIATES, MILLMAK ASSOCIATES JOINT VENTURE AND KRAVCO, INC., DEFENDANTS-RESPONDENTS, AND PEYTON INTERIOR CONTRACTORS, INC., AND PEYTON CONTRACTORS, INC., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1986.

Attorney(s) appearing for the Case

Edward D. Sheehan argued the cause for appellant Insulation Contracting and Supply (DuBois, Sheehan, Hamilton & DuBois, attorneys; Edward D. Sheehan, on the brief and reply brief).

Walter J. Fleischer, Jr. argued the cause for appellant GAR Equipment Corporation (Shanley & Fisher, attorneys; Walter J. Fleischer, on the brief).

Steven K. Kudatzky argued the cause for respondents (Tomar, Parks, Seliger, Simonoff & Adourian, attorneys; Steven K. Kudatzky, on the brief and letter brief).

Before Judges GAULKIN, DEIGHAN and STERN.

The opinion of the court was delivered by DEIGHAN, J.A.D.

These consolidated appeals present a common legal issue: When the general contractor on a construction project terminates one of its subcontractors for non-performance, does the general contractor (or project owner) thereby become liable to pay the terminated subcontractor's subcontractors who fully performed its subcontract? The trial judge in each case denied recovery. We affirm.

The facts are not...

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