Legal Opinion

Pierce Associates, Inc. v. Nemours Foundation

Court of Appeals for the Third Circuit

Decided December 29, 1988No. Nos. 88-3053, 88-3260 and 88-3263PublishedCited by 89 opinions

1Opinion of the Court

OPINION OF THE COURT

DEBEVOISE, District Judge.

I. The Parties and the Proceedings

The Nemours Foundation (“Nemours”) owns the Alfred I. duPont Institute Children’s Hospital in Wilmington,, Delaware. In January 1980 Nemours entered into a general contract with Gilbane Building Company (“Gilbane”) for completion of the interior of the Hospital. The Aetna Casualty & Surety Company (“Aetna”) became surety on a performance bond which named Gilbane as principal and Nemours as obli-gee.

Gilbane entered into a number of subcontracts, including a $35.9 million fixed-price subcontract with Pierce…

2Cases cited32 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  3. Stephenson v. Capano Development, Inc.Supreme Court of Delaware · 1983
  4. Aloe Coal Company and Commercial Union Insurance Company v. Clark Equipment Co.Court of Appeals for the Third Circuit · 1987
  5. E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977

27 more not listed; retrieve them via the Exa API.

3Cited by89 opinions

  1. Guardian Construction Co. v. Tetra Tech Richardson, Inc.Superior Court of Delaware · 1990
  2. W & G Seaford Associates, L.P. v. Eastern Shore Markets, Inc.District Court, D. Delaware · 1989
  3. American Dredging Co. v. Plaza Petroleum Inc.District Court, E.D. New York · 1993
  4. Pierce Associates, Inc. v. The Nemours FoundationCourt of Appeals for the Third Circuit · 1989
  5. Manchester Equipment Co. v. American Way Moving & Storage Co.District Court, D. Delaware · 2001

84 more not listed; retrieve them via the Exa API.

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