Lane Enterprises, Inc. v. L.B. Foster Co.

700 A.2d 465 (1997), rev'd on other grounds 710 A.2d 54 (1998)

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Nature of the Case

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Facts

Foster (P) agreed to supply coated steel bridge components to Hammond in accordance with Ohio Department of Transportation specifications (ODOT). Foster (P) hired Lane (D) to do the coating as per the specs. The job was to be finished in two stages. Problems developed in the first stage in which units were eventually shipped, but field repairs had to be made. P still owed D $18,018.06, but D agreed to an offset of $10,935.84 to make the field repairs. Stage II was set to begin and P still owed D $7,082.22 and D requested that those monies be paid. P then sent a letter to D asking for assurances of performance and that the monies still owed would not be released until those assurances were made by D. D would not discuss the matter until all monies owed were remitted. P then faced with damages for delay hired Encor Coating to complete Stage II at a cost of $42,055.00 more than D had agreed to. P sued D. The trial court found for D and P appealed.