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As of: August 12, 2022 8:14 PM Z
Constructural Dynamics Inc. v. Thomas P. Carney, Inc.
Superior Court of Pennsylvania
July 1, 2022, Decided; July 1, 2022, Filed
No. 1104 EDA 2021, No. 1105 EDA 2021
Reporter
2022 Pa. Super. Unpub. LEXIS 1500 *; 2022 WL 2390125
CONSTRUCTURAL DYNAMICS, INC. D/B/A SILVI
CONCRETE PRODUCTS, INC., PENN JERSEY
CERTIFIED CONCRETE, INC., D/B/A SILVI
CONCRETE OF BERLIN AND ALTA INDUSTRIAL
PROPERTIES, INC., D/B/A SILVI CONCRETE OF
LOGAN v. THOMAS P. CARNEY, INC. AND ARCH
INSURANCE COMPANY,
Appellants;CONSTRUCTURAL DYNAMICS, INC. D/B/A
SILVI CONCRETE PRODUCTS, INC., PENN JERSEY
CERTIFIED CONCRETE, INC., D/B/A SILVI
CONCRETE OF BERLIN AND ALTA INDUSTRIAL
PROPERTIES, INC., D/B/A SILVI CONCRETE OF
LOGAN, Appellants v. THOMAS P. CARNEY, INC. AND
ARCH INSURANCE COMPANY
Notice: NON-PRECEDENTIAL DECISION — SEE
SUPERIOR COURT I.O.P. 65.37
Prior History: [*1] Appeal from the Judgment Entered
May 28, 2021. In the Court of Common Pleas of
Philadelphia County. Civil Division at No(s): 170701374.
Core Terms
concrete, trial court, testing, attorney's fees, termination,
slab, mat, mix, contractor, good faith, compressive,
parties, costs, lost profits, subcontractor, seven-day,
contract balance, withheld, test result, precluding,
contends, damages, argues, breach of contract,
withholding, credit agreement, withhold payment,
purchase order, abused, seller
Judges: BEFORE: DUBOW, J., McLAUGHLIN, J., and
KING, J. MEMORANDUM BY McLAUGHLIN, J.
Opinion by: McLAUGHLIN
Opinion
MEMORANDUM BY McLAUGHLIN, J.:
This is a breach of contract action between Thomas P.
Carney, Inc. ("Carney") and Constructural Dynamics,
Inc. d/b/a Silvi Concrete Products, Inc., Penn Jersey
Certified Concrete, Inc., d/b/a Silvi Concrete of Berlin
and Alta Industrial Properties, Inc., d/b/a Silvi Concrete
of Logan ("Silvi"). After a jury trial, Silvi obtained a
judgment in its favor against Carney. A separate bench
trial was held the on the issues relating to the Contractor
and Subcontractor Payment Act ("CASPA")1, litigation
costs and attorneys' fees. Both parties have appealed.
We affirm in part, vacate in part, and remand on the
CASPA claim.
Carney, a concrete subcontractor, hired Silvi, a concrete
supply company, to pour the mat slab (i.e., the
foundation) for the construction of the W Hotel in
Philadelphia. The mat slab portion of the project was the
largest single construction pour in the history of
Philadelphia at the time. Carney originally contracted
with a different [*2] concrete supplier, SJA. However,
two weeks before the pour was scheduled, Carney
requested that Silvi supply the concrete because Silvi
was the only company that had "fly ash" (a component
to strengthen concrete) in a quantity large enough for
the project. Carney asked Construction Technology
Laboratories ("CTL") to develop the recipe for the
concrete. Silvi was to use the mix design and supply the
concrete.
The evening before the pour was scheduled, Silvi went
1 73 P.S. §§ 501-516.
