Morin Building Products Co. v. Baystone Construction Inc.

717 F.2d 413 (7th Cir. 1983)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

General Motors hired D, to build an addition to a Chevrolet plant. D hired P to supply and erect the aluminum walls for the addition. The contract required that the exterior siding of the walls be of 'aluminum type 3003, not less than 18 B & S gauge, with a mill finish and stucco embossed surface texture to match finish and texture of existing metal siding.' The contract also provided 'that all work shall be done subject to the final approval of the Architect or General Motors' authorized agent, and his decision in matters relating to artistic effect shall be final, if within the terms of the Contract Documents'; and that 'should any dispute arise as to the quality or fitness of materials or workmanship, the decision as to acceptability shall rest strictly with the General Motors, based on the requirement that all work done or materials furnished shall be first class in every respect. What is usual or customary in erecting other buildings shall in no wise enter into any consideration or decision.' P did the work but viewed in bright sunlight from an acute angle the exterior siding did not give the impression of having a uniform finish, and General Motors' representative rejected it. D removed P's siding and hired another subcontractor to replace it. General Motors approved the replacement siding. D refused to pay P the balance of the contract price, #23,000. P brought this suit for the balance and won. D appealed.