Brinderson-Newberg Joint Venture v. Pacific Erectors, Inc.

AMENDED MEMORANDUM OF DECISION AND ORDER

The parties to this dispute are Pacific Erectors, Inc., and Hartford Accident & Indemnity Company (the “subcontractor”) on one side, and Brinderson-Newberg Joint Venture, Brinderson Corporation, Brinderson Constructors, Inc., Gust K. Newberg Corporation, and Frank Loscavio (the “contractor”) on the other. The various claims and counter-claims essentially arise from a dispute over the amount of work and type of work that the subcontractor agreed to perform for the contractor in a project for the Navy at the Puget Sound Naval Shipyard in Bremerton, Washington.' Subcontractor moves for consolidation of the two actions currently before this court, and also for transfer of these actions to the United States District Court for the Western District of Washington.

In the earlier of the two actions (CV 88-1282) subcontractor was plaintiff; it was originally brought in the United States District Court for the Western District of Washington. Subcontractor alleges fraud, negligent misrepresentation, unfair business practice (pursuant to a Washington statute), and violation of the Racketeering Influenced and Corrupt Organizations Act (RICO);…