Martin Construction, Inc. v. Roscoe Steel & Culvert Co.

Martin Construction, Inc. (“Martin”) appeals the district court’s grant of summary judgment in favor of defendant Roscoe Steel and Culvert Company (“Roscoe”). We review de novo the district court’s decision on the interpretation of the contract. Miller v. Safeco Title Ins. Co., 758 F.2d 364, 367 (9th Cir.1985). We may affirm on any basis supported by the record. Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir.2009). We affirm.

This dispute arises out of Roscoe’s delayed performance of a contract to deliver steel pipe. The contract obligated Roscoe to supply steel pipe to Martin, a state government contractor building culverts for a Montana highway. Martin claims that Roscoe did not initially ship enough nuts and bolts to assemble the pipe, delaying Martin’s completion of the culvert. Martin alleges that the delay caused monetary damages for which Roscoe should be held liable.

Paragraph Four of the parties’ contract precludes Martin from recovering consequential damages for delayed delivery. Martin seeks to recover (1) liquidated damages assessed against Martin by the Montana Department of Transportation (“MDOT”), (2) time and expenses incurred negotiating with MDOT, (3)…