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Northeast Drilling, Inc. v. Inner Space Services, Inc.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge]

During the construction of a shipbuilding facility in Bath, Maine, a series of events, primarily attributable to the caprices of nature, delayed the schedule, forcing significant alterations to the work plan and ultimately making the project more expensive than had been anticipated. These events led to a dispute between the project’s dredging subcontractor, Inner Space Services, Inc. (“ISSI”), and the drilling and blasting subcontractor it had hired, Northeast Drilling, Inc. (“NDI”), over who should bear the additional costs arising from these various matters. Following a six-day bench trial, the district court determined that NDI should receive some of the payments it claimed were due under its contract with ISSI, but that it was not entitled to the full amount because it had failed to render complete performance under its agreement with ISSI. The court also awarded attorney’s fees and interest to NDI.

On appeal, ISSI challenges a number of the district court’s factual findings, and argues that the court erred by declining to make certain additional findings. ISSI also assigns error to several legal determinations made by the district court, including the district court’s failure to join the general contractor as a party, its refusal to grant ISSI’s motion for judgment as a matter of law, and its approach to calculating damages. We affirm in all respects.

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