Bridge Gap Engineering, LLC v. American Pfeiffer Corp.
Bridge Gap Engineering, LLC, a Pennsylvania limited liability company, on its own behalf and as assignee of Missouri Cement, LLC d/b/a Continental Cement Company, LLC, Plaintiff-Appellant
American Pfeiffer Corporation, a Pennsylvania corporation d/b/a Christian Pfeiffer America and Christian Pfeiffer Maschinenfabrik, GMBH, Defendants-Appellees
Attorneys for Appellant
James S. Zmuda
Keisha N. Douglas
Attorneys for Appellees
Ian J. Russell
Grace E. Mangieri
Jenny L. Juehring
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge. AFFIRMED. Heard at oral argument by Greer, P.J., and Badding and Chicchelly, JJ. Telleen, S.J., takes no part. Opinion by Badding, J. (14 pages)
Bridge Gap Engineering appeals the district court’s remand decision, which held that the liquidated-damages provision in its contract with Christian Pfeiffer applied, thereby reducing Bridge Gap’s damage award to $114,750. On appeal, Bridge Gap challenges the damage award on three grounds: (1) the terms and conditions of the purchase order superseded or negated the liquidated-damages provision; (2) the liquidated-damages clause does not apply in cases of willful misconduct, gross negligence, or fraud, which Bridge Gap alleges occurred; and (3) the district court erred in calculating the damages. OPINION HOLDS: We find no legal error in the district court’s conclusion that the liquidated-damages provision was part of the parties’ contract. We further hold that the damages previously awarded were limited to the breach of contract claim, and that the contract price fell outside the scope of Bridge Gap’s purchase order with Christian Pfeiffer.
