Koppers Co., Inc. v. Inland Steel Co.

GARRARD, Judge.

Inland Steel Company (Inland) and Kop-pers Company, Inc. (Koppers) entered into agreement for the design, engineering and construction of a blast furnace and a battery of sixty-nine coke ovens to be installed at Inland's Indiana Harbor premises.

Because of the magnitude of the project and to facilitate its construction the parties entered into what may be referred to as a design-build arrangement instead of the more traditional approach of completing the design and engineering phases and then utilizing the specifications to secure a firm bid. This arrangement contemplated that a…