Roberts & Schaefer Co. v. Hardaway Co.

ORDER

KOVACHEVICH, Chief Judge.

This matter is before the Court on Roberts & Schaefer Company’s (hereafter “Roberts & Schaefer”) and National Union Fire Insurance Company of Pittsburgh, PA.’s (hereafter “National Union”) Motion to Dismiss Count IV of the Hardaway Company’s (hereafter “Hardaway”) Amended Counter Claim, or Alternatively, Motion for Judgment on the Pleadings.

FACTS

1. Mobil Mining and Minerals Company, as owner, entered into a contract with Roberts & Schaefer to design and build a Phosphate Benefication Plant located in or around Fort Meade, Polk County, Florida.

2. Roberts &…