Legal Opinion

O'Brien & Gere Technical Services, Inc. v. Fru-Con/fluor Daniel Joint Venture

Court of Appeals for the Eighth Circuit

Decided August 26, 2004No. 02-4156PublishedCited by 4 opinions

1Opinion of the Court

BYE, Circuit Judge.

This case illustrates the adage which counsels against going into business with someone who has less money than you.

The Procter & Gamble Company hired the Fru-Con/Fluor Daniel Joint Venture (the Joint Venture) 1 as a general contractor to build a paper-manufacturing complex in Cape Girardeau, Missouri. In April 1998, the Joint Venture hired O’Brien & Gere (OBG) to design and build six buildings in the complex for the lump sum of $15.3 million. In April 1999, after the project had undergone many changes and delays and the Joint Venture had paid OBG $21.8 2 million, the Joint…

2Cases cited11 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Schwartz v. Shelby Construction CompanySupreme Court of Missouri · 1960
  3. McBee v. Gustaaf Vandecnocke Revocable TrustSupreme Court of Missouri · 1999
  4. Kinetic Energy Development Corp. v. Trigen Energy Corp.Missouri Court of Appeals · 1999
  5. Lucent Technologies, Inc. v. Mid-West Electronics, Inc.Missouri Court of Appeals · 2001

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

3Cited by4 opinions

  1. Axenics, Inc. v. Turner Construction Co.Supreme Court of New Hampshire · 2013
  2. O'Brien & Gere Technical Services, Inc., a New York Corporation v. Fru-Con/fluor Daniel Joint Venture Fru-Con Construction Corporation, a Missouri Corporation Fluor Daniel, Inc., a California Corporation, Fru-Con/fluor Daniel Joint Venture Fru-Con Construction Corporation Fluor Daniel, Inc., Third Party v. Reliance Insurance Company, a Pennsylvania Corporation, Third PartyCourt of Appeals for the Third Circuit · 2004
  3. Structural Polymer Group v. Zoltek CorporationCourt of Appeals for the Eighth Circuit · 2008
  4. Turner Construction Co. v. MJ Flaherty Co.Massachusetts Superior Court, Suffolk County · 2017

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