Morefield Communications, Inc. v. Pursel Construction Co.

The trial court found that the authentication diagrams were a necessary part of the materials to be delivered on the contract. This finding was crucial to the determination that appellee-materialman’s notice of non-payment was timely because the delivery of essential material pursuant to contract extends the notice period. See United States v. E.J.T. Construction Co., 453 F.Supp. 435 (D.Del.1978).

There was a conflict in testimony. Materialman’s witness testified that Pursel had indicated that the first electrical sub-contractor was not longer on the project and that Pur-sel “needed the…