Metropolitan Steel Industries, Inc. v. Perini Corp.

Because neither the courts below nor this Court have ever specifically denominated plaintiff’s work order X-32A as a delay damages claim and because the plaintiff submitted claim X-32A in the underlying trial without objection by the defendants, I must respectfully dissent. The defendants waived any objections concerning work order X-32A when they remained silent at trial and then compounded the omission by failing to include it as an issue in their appeal to this Court. Consequently, I believe the motion court’s decision and order should be reversed, and the jury finding in the plaintiffs…