Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:07-cv-00283-GMS

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Filed 03/11/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

M.C. PAINTING CORPORATION Plaintiff, v. CIANBRO CORPORATION, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Defendants

: : : : No. 1:07-cv-283 (GMS) : : : : : : : :

ANSWER TO AMENDED COUNTERCLAIM Plaintiff, M.C. Painting Corporation, by and through its attorneys, Davis, Bucco & Ardizzi, hereby answers the Amended Counterclaim filed by Cianbro Corporation in this matter as follows: 1. 2. No response required by Plaintiff. Admitted only that Plaintiff and Cianbro executed the agreement attached to the

Amended Complaint as Exhibit "1". 3. Denied. The document is in writing and speaks for itself and any attempt to

characterize its terms is therefore denied. 4. Denied. The document is in writing and speaks for itself and any attempt to

characterize its terms is therefore denied. 5. 6. Denied. Plaintiff lacks sufficient information and knowledge to form a belief as to the

truth of the allegation regarding the damages allegedly incurred by Cianbro. However, it is denied that Plaintiff is liable for said damages.

Case 1:07-cv-00283-GMS

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7. 8.

Denied. Denied as stated. It is admitted that Plaintiff did not procure a warranty bond.

However, it is denied that Plaintiff is liable for the amount claimed by Cianbro as Cianbro was contractually obligated to the Owner to procure said warranty bond and therefore has not incurred any damages in this regard. Further, Cianbro is improperly attempting to recover damages for warranty inspections as set forth above in paragraph 6 and the costs of the bond as set forth in this paragraph. 9. Denied as a conclusion of law to which no response is required. Count I ­ Breach of Contract and Declaration of Cianbro's Relieved Performance 10. Plaintiff incorporates its responses to paragraphs 1 through 8 above as if fully set

forth at length herein. 11. 12. 13. Denied as a conclusion of law to which no response is required. Denied as a conclusion of law to which no response is required. Denied as a conclusion of law to which no response is required. Further, Plaintiff

lacks sufficient information and knowledge to form a belief as to the truth of the allegation regarding the damages allegedly incurred by Cianbro. However, it is denied that Plaintiff is liable for said damages. 14. Denied as a conclusion of law to which no response is required. Further, Plaintiff

lacks sufficient information and knowledge to form a belief as to the truth of the allegation regarding the damages allegedly incurred by Cianbro. However, it is denied that Plaintiff is liable for said damages. 15. Denied as a conclusion of law to which no response is required. However, it is

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Case 1:07-cv-00283-GMS

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denied that Plaintiff is liable for said damages. 16. 17. Admitted that Plaintiff did not procure a warranty bond. Denied. It is denied that Plaintiff is liable for the amount claimed by Cianbro as

Cianbro was contractually obligated to the Owner to procure said warranty bond and therefore has not incurred any damages in this regard. Further, Cianbro is improperly attempting to recover damages for warranty inspections as set forth above in paragraph 6 and the costs of the bond as set forth in this paragraph. WHEREFORE, Plaintiff, M.C. Painting Corporation, demands judgment in its favor and against Defendant Cianbro Corporation as to the Counterclaim and in accordance with the Amended Complaint filed in this matter. AFFIRMATIVE DEFENSES TO AMENDED COUNTERCLAIM 1. contract. 2. The prices charged by Plaintiff were the fair and reasonable prices charged in the The Counterclaim is barred by Cianbro's own material breach of the parties'

industry and the prices that Cianbro agreed to pay for the work. 3. Cianbro has overstated its alleged damages.

DAVIS, BUCCO & ARDIZZI

/s/ Robert D. Ardizzi Robert D. Ardizzi, Esquire DE Bar No. 3602 901 N. Market Street, Suite 700 Wilmington, DE 19801 (302) 345-9808 Attorneys for Plaintiff

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