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Integrated Constr. Enters. Inc. v. GN Erectors Inc.

Subcontractor's President Is Denied Judgment on Claim of Fraud During Performance

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OPINION & ORDER   This case is a multi-defendant contractor-subcontractor dispute related to the construction of a new entrance and security pavilion at the Daniel Patrick Moynihan U.S. Courthouse in New York City from 2014 to 2016 (the “Project”). With discovery complete, Michael Sergi, the sole individual defendant, has moved for summary judgment on the one cause of action in which he is named: the claim by plaintiff Integrated Construction Enterprises, Inc. (“Integrated”) that he committed fraud. For the following reasons, the Court grants the motion in part and denies it in part. I. Background A. Facts 1. The Parties Integrated is a general contractor that was awarded the contract for the Project by the U.S. Government Services Agency (“GSA”). Defendant GN Erectors, Inc. (“GN”), was awarded a subcontract by Integrated to manufacture and install certain components of the Project. Defendant Greenfield Metals, Inc. (“Greenfield”), was a vendor used by GN to fabricate some of those components. Sergi is GN’s President. Patriot Armored Systems, LLC (“Patriot Armor”), formerly known as U.S. Armor, LLC, is a terminated defendant in this action, see Dkt. 52, and was GN’s supplier of ballistic, or blast-proof, glass for the Project. 2. Factual Background1 In December 2013, the GSA awarded Integrated the contract for the Project. JSF

7, 8. The contract specified a project duration of 540 days, with work to be commenced by February 14, 2014, substantially completed by August 15, 2015, and closed out by October 2015. Id. 9. Integrated initially accepted a bid from Safe Zone Ballistics (“Safe Zone”) to serve as the subcontractor that would supply the blast resistant windows, doors, skylight, and other features of the building envelope2 for the project. Id. 13. Safe Zone, however, was unable to deliver acceptable shop drawings for the elements it had been hired to design, manufacture, and install, and ultimately withdrew from the project on September 3, 2014. Id.

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