Mcdevitt & Street Co. v. Marriott Corp‪.‬

In this contract action, McDevitt and Street Company ("McDevitt"), the general contractor on a hotel building project, sued Marriott Corporation ("Marriott") for the unpaid portion of the contract between the parties. Marriott counterclaimed for damages arising out of construction delays. After a bench trial, the district court made numerous and extensive rulings on each facet of the delays and the respective liabilities of the parties. McDevitt appeals the denial of some of its claims and the grant of certain of Marriotts counterclaims. Marriott cross-appeals the denial of one of its counterclaims. We reverse the order as to the denial of two of McDevitts claims, and we affirm the denial of the remainder of its claims as well as the denial of the counterclaim. Because the reversal necessitates the recalculation of all of the delay-related damages, we remand for further proceedings.