Gray•Duffy Reduces Claim Against Crane Operator by 88%

December 2011

Overview

Matt Shorr of Gray•Duffy’s Encino office achieved an outstanding settlement for approximately 12 percent of the claim that resulted from a damaged bridge girder.

Discussion

Griffith Const. v. Mr. Crane, Inc.

Griffith Construction (“Griffith”) was contracted by Cal Trans to construct and renovate a bridge located on the Angeles Crest Highway. The contract stated a 115-day job requiring Griffith to fabricate and install bridge girders approximately 200 feet long. Pomeroy Corporation (“Pomeroy”) was subcontracted to fabricate and deliver the girders in sections, which were to be spliced together onsite by Griffith. Pomeroy Corporation hired EZE Trucking to transport the girders from Pomeroy’s plant in Paris, CA to the job site, and to haul the assembled girders from a staging area onsite to the bridge for installation by Mr. Crane, Inc.

Prior to the transportation of the first girder, Pomeroy Corporation merged with U.S. Concrete, and claimed an inability to proceed since it lacked a contractor’s license. Mr. Crane, Inc. subsequently agreed to assume the responsibility for the hauling under its contract with Griffith Construction.

During the haul of the assembled bridge girder by EZE Trucking, the rigging failed and the girder fell from the transporte resulting in total destruction. Griffith Construction claimed damages in excess of $1.6 million for the additional costs and delay damages it incurred as a result of the girder incident.

On behalf of Mr. Crane, Inc., Matt Shorr of Gray•Duffy asserted various contractual defenses to Griffith’s impact damage claims. Mr. Crane, Inc.’s defense expert argued that Griffith’s damages were over-inflated. As a result, the case was ultimately settled for the sum of $195,000 – approximately 12 percent of the original claim.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.