Fisk-Allied v. Manhattan Construction Co.

MEMORANDUM OPINION

COBB, District Judge.

On April 16th, plaintiff Fisk-Allied (FA), subcontractor, filed a diversity suit against *335Manhattan Construction Company, Inc. (MCC), contractor, in contract, tort, and quantum meruit, for $3.1 million in damages (delay, disruption, and acceleration costs) incurred by MCC’s revised work schedule. FA now seeks a preliminary injunction requiring MCC to establish a $3.1 million trust account with FA as beneficiary to prevent dissipation of the funds pending resolution of its suit against MCC and in accordance with the Texas Construction Trust Fund Statute.…