J. E. Black Construction Company, Inc., which is the corporate entity of Joey Black Black, sued plumbing supplier Ferguson Enterprises, Inc., plumbing contractor Bessco Construction Company, Inc. and Bessco’s two principal owners, David White and Clayton Lewis, contending that they were liable to him for fraud and negligent misrepresentation. Ferguson moved for summary judgment, and the trial court granted the motion.1 Black appeals, arguing that the trial court erred in finding no evidence of reasonable reliance. For the reasons that follow, we affirm. The contracts between Bessco and Black set fixed prices for labor and material to install plumbing systems, and further provided that “water heaters, fixtures and hook-up materials supplied by us will be invoiced at actual cost plus 10 handling plus 6 sales tax.” Black alleged that Bessco did not charge him its actual cost, but rather charged him a higher amount which it supported with faxed copies of price quotes from Ferguson. Black also alleged that Ferguson was liable to him for damages on three different houses because it supplied price quotes for the fixtures in those houses that did not show Bessco’s actual cost. Ferguson does not deny that it provided these higher price quotes to Bessco, but argues that doing so was common procedure in its business.
Black began working with White in 1986 or 1987. Black is familiar with the process of getting quotes and sending invoices and knows the difference between the two types of documents. Typically on a cost-plus contract, the subcontractor supplies the general contractor with invoices. He testified that he thought Bessco had been charging him whatever Bessco paid, plus ten percent, but found out differently through a conversation with Ferguson’s showroom consultant. In an affidavit, he said that the consultant told him “Bessco had asked for the second quotes showing higher prices and that she knew it was wrong.” In his deposition, he testified that the showroom manager told him that Ferguson sent Bessco “make-up fake quotes, fabricated quotes, quotes with things they didn’t even buy from them.” After reviewing his papers, he thought Bessco had overcharged him about $80,000 on four projects. He thought Ferguson was liable for some of those overcharges because it produced documents showing prices that exceeded Bessco’s costs, which Bessco then used to bill him. Black also admitted that none of the documents that Bessco attached to its bills were invoices to Bessco from Ferguson, but were all quotes from Ferguson showing Black Construction Company as the customer.
