Action Engineering v. Martin Marietta Aluminum

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This appeal is taken from a judgment for the plaintiff, Action Engineering (“Action”), in a suit against Martin Marietta Aluminum (“MMA”) for wrongful termination of a construction contract. The District Court of the Virgin Islands applied a “reasonableness” standard in deciding whether MMA’s termination of the contract before completion was within its contractual rights to terminate “[i]f in Owner’s [MMA’s] opinion, contractor [Action] fails to carry on the work diligently and on schedule.” Because we conclude that the district court should…