Rose & deJong Win Successful Jury Verdict for Spancrete Industries

by | Oct 11, 2018 | Litigation News | 210 comments

Rose & deJong Win Successful Jury Verdict for Spancrete Industries

Rose & deJong, S.C. won a successful at jury verdict for client Spancrete Industries, Inc. on September 28, 2017, in an important case involving the City of Milwaukee.

In late 1999 through 2001, Spancrete was retained by the general contractor to provide precast concrete components for the new Third District Milwaukee Police Station and Parking Structure Project. Towards the end of the project, but prior to the City’s occupancy of the parking structure, there were a couple cosmetic issues that Spancrete resolved, and a reinforcement issue, which Spancrete self-identified to the general contractor and City and resolved by November 2001.

Spancrete provided, at Spancrete’s cost, the City with a traffic membrane on the top level of the parking because if properly maintained, would protect the precast concrete from moisture intrusion. Spancrete also provided the City with a ten year conditional warranty. The warranty was subject to specific, written conditions. The conditions required the City to perform regular maintenance pursuant to a maintenance manual Spancrete provided, and required the City would maintain records of the maintenance performed.

Spancrete performed inspections at the parking structure. By 2003, the inspector noted that the City was not maintaining the top level of the parking structure. This same observation was made in following years. In 2009, the maintenance not having been done and no records kept, the City then demanded Spancrete perform repairs to a section of the top level of the parking structure that was exhibiting signs of deterioration. Spancrete advised the City that the deterioration was due to the City’s failure to properly maintain the parking structure, so Spancrete was not responsible for the deterioration observed. In fall 2011, it was discovered that some of the precast double tees that deteriorated, did not have the air content specified in the 1999 contract. However, repairs required at the time were relatively minimal; estimating at approximately $35,000.

On February 5, 2014, the City filed suit seeking over 3 Million in damages. Due to the statute of limitations, the City’s only viable claim is breach of warranty. But, Spancrete argued the warranty had conditions, which required the City to maintain the parking structure and maintain maintenance records, which the City failed to do. Extensive discovery was exchanged, and numerous depositions were taken.In the meantime, deterioration to the top deck of parking structure continued, and as a result, the top level parking structure was not usable until the City made expensive repairs in 2016.

Spancrete’s experts provided evidence that regardless of whether the air content met the 1999 contract specifications, if the City would have properly maintained the traffic membrane on the top level of the parking structure, the concrete would not have deteriorated. This is evidenced by the fact that other there are four levels to the parking structure, all four levels of the structure has a membrane, but only the top level shows signs of deterioration.

On September 18, 2017, a jury trial commenced before the Honorable Mary Triggiano. After a grueling nine days of trial, the jury found that the City failed to maintain the parking structure, so the City received zero dollars in damages. As the prevailing party, Spancrete would have been entitled to statutory costs, while Spancrete was confident the jury verdict would be upheld, Spancrete agreed to waive statutory costs in exchange for the City not appealing so this case would finally end. This jury verdict was a significant victory for Spancrete.

210 Comments

  1. AntoinetteBig
    AntoinetteBig on May 21, 2019 at 4:39 pm

    Hello. I have checked your rosedejong.com and i see you’ve got some duplicate content so probably it is
    the reason that you don’t rank hi in google. But you can fix this issue fast.
    There is a tool that generates articles like human, just search in google:
    miftolo’s tools

  2. Kelsype
    Kelsype on July 30, 2019 at 12:49 pm

    Amoxicillin Clavulanate Is Prescribed For Achat Viagra Internet viagra Amoxicillin Improvement Noticed In Bowel Bacteria Propecia Pdf Cialis Hace Dano

  3. Kelsype
    Kelsype on August 3, 2019 at 3:26 pm

    Cialis Generique 10 Cephalexin Dose For Uti Over The Counter Fertility Drugs cialis 5mg best price Tamoxifen Sale Online

  5. Ted Morton
    Ted Morton on August 19, 2019 at 6:27 am

    Everyone loves it whenever people come together and share thoughts.

    Great blog, continue the good work!

  6. ru-chan
    ru-chan on August 20, 2019 at 3:25 pm

    こんにちは。
    パワハラ指切断でおなじみのド屑県香川のド屑企業フジフーヅでございます。
    裁判も会社ぐるみで偽証をして無事乗り切ったド屑でございます。
    餃子シュウマイなどをスーパーで販売しております。
    店頭で見かけましたらそのときはご購入のほどどうかよろしくお願い致します。

  7. Willie Jean
    Willie Jean on August 20, 2019 at 7:50 pm

    Hola! I’ve been following your website for a long time now and finally got the bravery to go
    ahead and give you a shout out from Porter Tx! Just wanted to tell you keep
    up the great work!

  8. Juanita Balasubramanian
    Juanita Balasubramanian on August 21, 2019 at 3:06 am

    I’ll right away grasp your rss feed as I can’t
    find your email subscription link or newsletter
    service. Do you have any? Please permit me recognise in order
    that I may subscribe. Thanks.

  9. Yasuko Bolden
    Yasuko Bolden on August 21, 2019 at 6:58 am

    Hmm is anyone else having problems with the images on this blog loading?
    I’m trying to figure out if its a problem on my end or if it’s the blog.
    Any feed-back would be greatly appreciated.

  10. James Guarnieri
    James Guarnieri on August 21, 2019 at 11:16 am

    Thank you for every other fantastic article.
    Where else could anyone get that type of info in such a perfect manner of writing?

    I have a presentation subsequent week, and I am on the look for such
    info.wholesale nhl jerseys China

  11. Nicki Squires
    Nicki Squires on August 21, 2019 at 6:28 pm

    I visited several web sites except the audio quality
    for audio songs existing at this site is really marvelous.

  12. William Bell
    William Bell on August 21, 2019 at 9:45 pm

    Ahaa, its nice discussion about this paragraph here at this web site, I have read all that, so now me also
    commenting here.

  13. April Rodrigues
    April Rodrigues on August 22, 2019 at 1:04 am

    Its like you learn my mind! You appear to understand a lot about this, like you wrote the
    e book in it or something. I believe that you simply can do with some
    p.c. to drive the message home a bit, but instead of that, that is fantastic blog.

    An excellent read. I will certainly be back.

  14. Charlotte Wiseman
    Charlotte Wiseman on August 22, 2019 at 8:08 am

    You’ve made some good points there. I looked on the net for more info about the issue and
    found most people will go along with your views on this
    site.

  15. Michelle Lopez
    Michelle Lopez on August 22, 2019 at 9:26 pm

    I want to to thank you for this fantastic read!! I
    definitely loved every bit of it. I’ve got you bookmarked to check out new stuff you

  16. Scott Espinoza
    Scott Espinoza on August 23, 2019 at 5:33 am

    You have made some decent points there. I looked on the web for more info about the issue and found most individuals will go along with your views on this web site.

  17. Amy Ruiz
    Amy Ruiz on August 23, 2019 at 6:31 am

    Howdy! Someone in my Myspace group shared this site with us so I came to give it a look.
    I’m definitely enjoying the information. I’m book-marking
    and will be tweeting this to my followers! Fantastic blog
    and amazing design and style.

  18. Erika Black
    Erika Black on August 23, 2019 at 1:54 pm

    It’s perfect time to make some plans for the longer term and it is time to be happy.

    I have learn this submit and if I may just I desire to recommend
    you some interesting issues or advice. Maybe you can write subsequent
    articles relating to this article. I desire to read even more things approximately
    it!

  19. Coleman Jensen
    Coleman Jensen on August 23, 2019 at 6:51 pm

    Woah! I’m really loving the template/theme of this website.

    It’s simple, yet effective. A lot of times it’s very hard to get that “perfect balance” between user friendliness
    and visual appeal. I must say that you’ve done a fantastic
    job with this. Additionally, the blog loads super fast for
    me on Firefox. Exceptional Blog!

  20. Joseph Almeida
    Joseph Almeida on August 23, 2019 at 10:59 pm

    I will right away snatch your rss as I can not in finding your e-mail subscription hyperlink or newsletter
    service. Do you have any? Kindly allow me understand so that I could subscribe.
    Thanks.

  21. Carol Mignano
    Carol Mignano on August 25, 2019 at 3:02 pm

    Hello! I’ve been following your blog for a long time now and finally got the bravery
    to go ahead and give you a shout out from Kingwood Texas!

    Just wanted to say keep up the good job!

  22. Clement Galvan
    Clement Galvan on August 25, 2019 at 8:12 pm

    It is appropriate time to make some plans for the
    longer term and it’s time to be happy. I have learn this publish and if I could I wish to suggest you some fascinating issues or advice.
    Maybe you could write subsequent articles referring to this article.

    I wish to read more issues approximately it!

  23. Sandra Horton
    Sandra Horton on August 25, 2019 at 11:31 pm

    I have been browsing on-line greater than three hours as
    of late, yet I by no means discovered any attention-grabbing
    article like yours. It is lovely value sufficient for me.
    In my opinion, if all webmasters and bloggers made good content material as you probably did,
    the internet will probably be a lot more useful than ever
    before.

  24. Daisy Lyle
    Daisy Lyle on August 26, 2019 at 5:33 am

    I have been browsing online greater than three hours today, yet I
    by no means found any fascinating article like yours.
    It’s lovely value enough for me. Personally, if all website owners and bloggers made just right content material
    as you probably did, the internet might be a lot more useful than ever before.

  25. David Heimbach
    David Heimbach on August 26, 2019 at 1:19 pm

    I want to to thank you for this fantastic read!!

    I certainly loved every bit of it. I’ve got you book-marked to check out new
    things you

  26. Evelyn Yonker
    Evelyn Yonker on August 26, 2019 at 6:41 pm

    I just couldn’t depart your website before suggesting that I extremely enjoyed the usual info a
    person provide to your visitors? Is going to be back often to check up on new posts

  27. Carrie Birdsell
    Carrie Birdsell on August 29, 2019 at 1:01 pm

    Ahaa, its good conversation regarding this piece of writing here at this blog,
    I have read all that, so now me also commenting at this
    place.

  28. Angie Shields
    Angie Shields on August 29, 2019 at 11:04 pm

    I have been surfing online greater than three hours lately, yet I
    by no means found any interesting article like yours.
    It is beautiful price sufficient for me. In my opinion, if all webmasters and bloggers made just right content material as you probably did, the net might be much more useful than ever
    before.

  29. James Vigil
    James Vigil on August 31, 2019 at 6:59 pm

    I have been surfing online greater than three hours nowadays, but I by no means discovered any fascinating
    article like yours. It’s pretty price sufficient for me.
    In my opinion, if all webmasters and bloggers made just right content material as you probably did, the internet will probably be a lot more useful
    than ever before.

  30. Lorene Colaizzi
    Lorene Colaizzi on September 1, 2019 at 1:49 pm

    I love it when people get together and share ideas. Great blog, continue the good
    work!

  31. Brett Oliphant
    Brett Oliphant on September 1, 2019 at 3:44 pm

    It is the best time to make some plans for the future and it is
    time to be happy. I’ve read this post and if I could I wish to
    suggest you few interesting things or tips. Maybe you could write next
    articles referring to this article. I wish to read more things about it!

  32. servicio tecnico en madrid de hp stream
    servicio tecnico en madrid de hp stream on September 2, 2019 at 9:41 pm

    De hecho en España hay una compañía de color naranja muy famosa entre locutorios por no aplicar bloqueos de IMEI: Un teléfono bloqueado por una compañía roja azul funciona en la naranja una vez liberado. Prefiero ser yo que decida como, cuando y con que aplicación borro los datos remotamente a que esa funcionalidad me venga en un SO cerrado del que no sabes si ellos podrían hacerlo si tu consentimiento. Ademas samsung tiene un servicio online para bloquear el movil y borrar todos los datos remotamente. En otro caso acudiremos lo más pronto posible a su domicilio a reparar su electrodoméstico.

  33. Sufyan
    Sufyan on September 4, 2019 at 7:34 am

    Hi, very nice website, cheers!
    ——————————————————
    Need cheap and reliable hosting? Our shared plans start at $10 for an year and VPS plans for $6/Mo.
    ——————————————————
    Check here: https://www.good-webhosting.com/

  67. oprol evorter
    oprol evorter on September 8, 2019 at 8:46 pm

    Really excellent visual appeal on this website , I’d rate it 10 10.

  99. 桑田成海
    桑田成海 on September 10, 2019 at 11:58 pm

    ガールズちゃんねる、ガールズスレッド、シークレットトークに現れる姓名判断士市木由み華先生と毒島あぐり先生、そしてネットアイドルのなるみんこと桑田成海は３女神

  100. 桑田成海
    桑田成海 on September 10, 2019 at 11:59 pm

    ガールズちゃんねる、ガールズスレッド、シークレットトークに現れる姓名判断士の市木由み華先生および毒島あぐり先生、そしてネットアイドルのなるみんこと桑田成海は３女神。

  171. Crave Canada
    Crave Canada on September 15, 2019 at 2:01 am

    The next time I read a blog, I hope that it doesnt disappoint me as much as this one. I mean, I know it was my choice to read, but I actually thought youd have something interesting to say. All I hear is a bunch of whining about something that you could fix if you werent too busy looking for attention.

Trackbacks/Pingbacks

  1. viagra tablets - viagra tablets viagra tablets
  2. generic viagra 100mg - generic viagra 100mg generic viagra 100mg
  3. generic cialis at walmart - generic cialis at walmart generic cialis at walmart
  4. sildenafil - sildenafil sildenafil
  5. viagra for sale - viagra for sale viagra for sale
  6. buy generic cialis - buy generic cialis buy generic cialis
  7. generic viagra - generic viagra generic viagra
  8. generic cialis - generic cialis generic cialis
  9. sildenafil citrate - sildenafil citrate sildenafil citrate
  10. cialis generic - cialis generic cialis generic
  11. viagra coupons - viagra coupons viagra coupons
  12. generic cialis tadalafil - generic cialis tadalafil generic cialis tadalafil
  13. viagra prices - viagra prices viagra prices
  14. viagra without doctor prescription - viagra without doctor prescription viagra without doctor prescription
  15. cialis cost - cialis cost cialis cost
  16. viagra generic - viagra generic viagra generic
  17. viagra without a doctor prescription - viagra without a doctor prescription viagra without a doctor prescription
  18. generic viagra available - generic viagra available generic viagra available
  19. cialis pills - cialis pills cialis pills
  20. viagra 100mg - viagra 100mg viagra 100mg
  21. sildenafil generic - sildenafil generic sildenafil generic
  22. tadalafil generic - tadalafil generic tadalafil generic

Submit a Comment

Your email address will not be published.