Callahan Construction, Inc. v. Hardy Plumbing & Heating Corp.

By Judge Charles N. Dorsey

The issue before the Court is whether Callahan Construction, Inc., hereafter “Callahan,” may amend its ad damnum following entry of default judgment but prior to a hearing to establish damages in an unliquidated contract action.

The facts are more thoroughly set out in the motion to amend filed by Callahan and the motion in opposition filed by Hardy Plumbing and Heating Corporation, hereafter “Hardy.” Nonetheless, by way of brief factual summary, Callahan was a general contractor who built a home in 1995 for private owners. Hardy was a sub-contractor of Callahan who…