American Structural Systems, Inc. v. R.B. Gay Construction Co.

KAHN, Judge.

In early 1989 R.B. Gay Construction Company (Gay) entered into a subcontract *367agreement with American Structural Systems (Structural) for the completion of certain work on the construction of a new church for San Jose Catholic Parish. Structural agreed to complete Division 5 “Structural and Miscellaneous Metals.” The subcontract amount was $85,940.00 and included the purchase of steel, but the amount was reduced after the church exercised its option of purchasing the steel itself for tax purposes. Structural performed some work under the contract and was paid $34,200.00. A dispute…