Legal Opinion
Performance Contracting, Inc. v. Seaboard Surety Co.
Court of Appeals for the Sixth Circuit
Decided December 16, 1998No. 97-2142PublishedCited by 11 opinions
1Opinion of the Court
OPINION
BOGGS, Circuit Judge.
Performance Contracting, Inc. appeals the dismissal of its contract action without prejudice. The court below ruled that Performance Contracting’s subcontract with JWP Mechanical Services required the company to exhaust administrative remedies by certifying to the Contracting Officer of the United States Department of Veterans Affairs any unresolved claims it had related to a construction project. Based on a straightforward reading of the contract, we find no such requirement and reverse and remand for further proceedings.
I
This action arose out of the construction…
2Cases cited14 opinions
- In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993
- Frank Barrett v. Nancy I. Harrington, A/K/A Penny HarringtonCourt of Appeals for the Sixth Circuit · 1997
- Erickson Air Crane Company of Washington, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1984
- United States v. MoormanSupreme Court of the United States · 1950
- Taxpayers United for Assessment Cuts v. Richard H. Austin, Citizens for Education Ballot Question Committee, InterveningCourt of Appeals for the Sixth Circuit · 1993
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Osborne v. Bank of America, National Ass'nDistrict Court, M.D. Tennessee · 2002
- Winnett v. Caterpillar, Inc.District Court, M.D. Tennessee · 2007
- Bessette v. Bank One (In Re Bessette)United States Bankruptcy Court, E.D. Michigan · 2001
- LensCrafters, Inc. v. SundquistDistrict Court, M.D. Tennessee · 2002
- Long v. General Motors Corp.Court of Appeals for the Sixth Circuit · 2001
6 more not listed; retrieve them via the Exa API.