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Long Painting Co. v. Gen. Elec. Co.

Painter Satisfied Obligation to Obtain Insurance, Did Not Breach Contract

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Long Painting Company, Plaintiffv.General Electric Company and Alstom Renewable US LLC, Defendants

OPINION & ORDER This is an action to recover invoice charges for work done by Long Painting Company (“Long”) pursuant to a contract with defendants General Electric Company (“GE”) and Alstom Renewable US LLC (“Alstom”) (collectively, “defendants”). (ECF No. 1 (“Compl.”).) Defendants deny that they owe payment and assert counterclaims against Long on several grounds, one of which alleges that Long breached the contract by failing to procure insurance as required (the “Counterclaim”). (ECF No. 21 (“Answer”)99.) Pending now before the Court is Long’s motion for partial summary judgment as to whether, as a matter of law, Long did procure insurance and provide proof of such insurance to defendants (and, accordingly, whether the Counterclaim must be dismissed). (ECF No. 32.) The Court finds that Long did comply with its contractual obligation to obtain insurance and provide proof of insurance to defendants. Accordingly, the motion is GRANTED.I. BACKGROUNDOn August 29, 2016, defendants’ representative sent one of Long’s Project Managers a solicitation for a quote to perform cleaning and painting services on the Priest Rapids Dam (the “Project”). (ECF No. 34, Decl. of Charles Pham in Supp. of Pl.’s Mot. in Supp. of its Mot. for Partial Summ. J. Pursuant to F.R.C.P. 56 (“Pham Decl.”)

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