Negligence • Breach of Warranty • Breach of Contract • No Arbitration Clause
Aria Health v. R World Energy Solutions, PICS Case No. 16-1229 (C.P. Phila. Sept. 14, 2016) Glazer, J. (5 pages).
Aria Health contracted with a sales and engineering energy firm in 2013 to install electrical surge protection and power quality and optimization system at its hospitals. Its subcontractor was to install the system in accordance with local codes, but Aria discovered numerous code violations in 2014 and sued, alleging negligent design and installation, failure to supervise and failure to follow applicable building and electrical codes. Following an adverse decision on its preliminary objections and an attempt to compel arbitration where there was none in the contract, the contractor appealed the decision. The court revisited its arguments and recommended affirmation of its decision.
