Hertzberg v. Nunn Bush Shoe Co. (In Re Construction Diversification, Inc.)

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This case grows out of controversy involving the construction of a store in the Northland Shopping Mall by Construction Diversification, Inc., (CDI) for defendant Nunn Bush Shoe Co. Plaintiff is the trustee in bankruptcy for CDI, which is currently involved in proceedings under Chapter 11.

CDI contracted with Nunn Bush to build the store, with completion originally set for March 20, 1981. In fact, the store was not completed until April 26, some 36 days after the scheduled completion date. The construction contract contained a provision…