Leviton Manufacturing Co. v. Fireman's Fund Insurance

MEMORANDUM **

Levitón Manufacturing Company (“Levitón”) appeals the district court’s judgment in favor of Q & D Construction Inc. (“Contractor”) and Fireman’s Fund Insurance Company (“Surety”), the Contractor and Surety on a project to construct a building for Levitón. The district court concluded that the architect and engineer were responsible for the defects at the building (awarding Levitón damages from those parties), but determined that the Contractor followed the design specifications provided to it, precluding its liability. In addition, the court awarded the Contractor and Surety attorneys’ fees from Levitón because Levitón rejected an offer of judgment made prior to trial.

The district court’s jurisdiction arises under 28 U.S.C. § 1332 (diversity of citizenship) and this court’s appellate jurisdiction is proper under 28 U.S.C. § 1291 (final order). Levitón appeals both the judgment and award of attorneys’ fees as to the Contractor and Surety, setting forth nine issues on appeal. We reject Levi-ton’s appeal pertaining to liability, but agree as to attorneys’ fees and reverse the district court’s order on that issue. The parties are familiar with the factual background…