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V.A.L. FLOORS, INC. v. WESTMINSTER COMMUNITIES, INC.

810 A.2d 625 (2002)

355 N.J. Super. 416

V.A.L. FLOORS, INC. and 3L Company, Inc., Plaintiffs-Appellants, v. WESTMINSTER COMMUNITIES, INC., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 5, 2002.

Attorney(s) appearing for the Case

Anthony J. Belkowski argued the cause for appellants (Hedinger & Lawless, attorneys; Mr. Belkowski, on the brief).

Stephen M. Charme argued the cause for respondents (Witman, Stadtmauer & Michaels, attorneys; Mr. Charme, on the brief).

Before Judges KESTIN, FALL and WEISSBARD.

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

In this breach of contract case, plaintiffs, V.A.L. Floors, Inc. (VAL) and 3L Company, Inc. (3L) appeal from summary judgment granted in favor of defendant Westminster Communities, Inc. We are required to determine whether a contractor's profit estimate based on its past experience is a sufficiently definite basis upon which to submit a damage claim to the jury....

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