Mars, Inc. v. Heritage Builders of Effingham, Inc.

In early 1995, plaintiffs, Mars, Inc., and Kal Kan Foods, Inc. (collectively Kal Kan), initiated a warehouse expansion project. Kal Kan’s general contractor engaged GF General Contractors, Inc. (GF), to erect a steel-frame system (frame) that would eventually support the building. According to Kal Kan, the frame was the property of Kal Kan when GF undertook to erect it. The frame collapsed in June 1995 in the early stages of construction after a violent thunderstorm, and in February 1998, Kal Kan brought suit against GF for negligence in failing to properly brace the frame. GF sought…