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Date: 10-05-2010

Case Style: Mac, L.L.C. v. Action Safety Supply Co.

Case Number: CJ-2009-4712

Judge: Vicki L. Robertson

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Evan Gatewood and Josh Peach, Hayes Magrini & Gatewood, Oklahoma City, Oklahoma

Defendant's Attorney: Dan Jones, Daniel K. Jones, P.C., Oklahoma City, Oklahoma for Action Safety

John Harper and Tim Rogers, Barrow & Grimm, P.C., Tulsa, Oklahoma for Employers Mutual Casualty Company

Description: Mac, L.L.C. sued Action Safety Supply Company on a breach of contract theory. On September 24. 2007, action Safety entered into a contract with the Oklahoma Department of Transportation for the construction of a project known as, "Safety Improvement (Cable Barrier), Tulsa County.

Employers Mutual, as surety, and Action Safety, as principal, executed a statutory payment bond.

On or about January 30, 2008, MAC entered into a subcontract with Action Safety to perform certain construction work on the project.

MAC claimed that it completed the work but asserted that it was not paid for the labor and materials supplied to the project.

MAC asserted that Action Safety and Employers Mutual were liable to it in the amountof $48,483.23 for labor and materials it supplied to the project.

Action Safety and Employers Mutual denied that any amount was due and owing to MAC.

Action Safety contended that MAC breached the subcontract by delaying performance of the work and, as a result, Action Safety incurred liquidated damages in the amount of $18,500. Action Safety further contended that MAC's dilatroy work caused Action Safety to suffer damages to its business reputation.

Outcome: Plaintiff's verdict for $44,233.23

Plaintiff's Experts:

Defendant's Experts: Neil Leedy, Leedy Construciton, Morrison, Oklahoma regarding the normal process for dirt work on a cable barrier project.


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