Hammond-Mitchell, Inc. v. Construction Materials Co.

By Judge Malfourd W. Trumbo

Hammond-Mitchell, Inc. (hereinafter referred to as “HMI”) contracted with Construction Materials Company (hereinafter referred to as “ConRock”), to supply HMI with 16 yards of 4000 psi for a bridge’s foundation at MeadWestvaco. The concrete was delivered as ordered, December 23,2004. After performing a “slump” test on arrival, HMI took “cores” (samples) from the concrete and had the cores independently tested to verify that the concrete met the 4000 psi specifications. The cylinders were tested at 22, 28, 34, and 56 days; none of the tests consistently confirmed the…