Marmet Corporation v. Frank Briscoe Co.

COMBS, Circuit Judge.

Defendants-appellees, Frank Briscoe Co. and Huber, Hunt & Nichols, 1 are the general contractors for the construction of a new Federal Office Building in Cleveland, Ohio.

Plaintiff-appellant, Marmet Corporation, is a subcontractor to fabricate and install the curtain wall of the building. Curtain wall consists of lightweight metal panels which are fitted to the skeletal frame of the building.

The subcontract was executed in March, 1964. By late October, 1965, Marmet was behind schedule in the performance of its contract and, on October 29, 1965, Briscoe notified Marmet in…