Legislation Legal  
&
General Contractor in Ongoing  
Breach of Contract Battle with Jangho  
utor Perini Building Corp.  
(
involved in an ongoing lawsuit  
against Jangho Curtain Wall Americas  
Co. Ltd., Elicc Americas Corp., Ethan  
Li and the Insurance Company of the  
State of Pennsylvania (AIG). This sum-  
TPBC), based in Arizona, is  
Jangho asserts that TPBC caused the  
project delays, and that the cost of damages  
named by TPBC is ‘grossly inflated.’  
T
mer, TPBC accused the defendants plaint presents a one-sided version of and showed a one-month time exten-  
of breach of contract, among other a dispute. One should not draw any sion necessitated by delays not caused  
claims. The parties have since volleyed conclusions from the allegation in a by Jangho.”  
Jangho blames TPBC’s design team,  
The original complaint, filed by legations in the complaint, the spokes- its project managers and other subcon-  
TPBC on July 11, 2017 with the U.S. person said that Elicc and Li contend tractors for the project delays.  
court motions back and forth.  
complaint, he said. Contrary to the al-  
District Court for the Eastern District that they were wrongfully named as  
“…because of the unreasonable  
of Pennsylvania, pertains to a curtain- defendants by TPBC; that no contract conditions imposed by the design  
wall project for the Chestnut Street existed between Elicc and TPBC; that team,requiring all shop drawings to be  
Tower in Philadelphia.  
Jangho is a corporation in good stand- sealed by a registered engineer licensed  
TPBC and Nevada-based Jangho ing; that Jangho and Elicc are separate in Pennsylvania and because of the  
entered a subcontract on Decem- corporations operating independently design team’s unreasonable require-  
ber 28, 2012 to perform work on the of each other; that TPBC breached the ments for the frit design and the de-  
481,000-square-foot, 34-story student contract with Jangho by refusing to lays resulting from the inability of the  
housing facility for $21 million. pay it contract balances, retainage and design team to make decisions, glass  
TPBC claims that Jangho abandoned change order requests substantially in production was delayed,” reads the re-  
the project inAugust 2014 after repeated excess of $5 million; that Jangho com- sponse.“Jangho had to then reconsider  
delays,incorrect dimensions resulting in pleted its work on the project, and did having some of the curtainwall panels  
damage and contradictory information not abandon the project as alleged in assembled in China in an effort to meet  
about where the project’s curtainwall the complaint; and that timing of the what was then unreasonable, unrealis-  
panels would be assembled.  
According to the complaint, TPBC in- litigation.”  
curred damages of more than $5.7 mil-  
lion, and other subcontractors asserted asserts that TPBC caused the project  
formation of Elicc is not related to the tic scheduling requirements requir-  
ing that Jangho perform the assembly  
Jangho requests that the court rule in  
The statement added that Jangho work in a particular locale.”  
claims exceeding $6.1 million because delays, and that the cost of damages its favor in regard to its counterclaim in  
of Jangho’s delays and disruptions.  
TPBC requested a trial by jury and  
named by TPBC is “grossly inflated.”  
On August 30, Elicc, Jangho and Li  
excess of $7 million.  
TPBC filed responses in opposition  
judgment in its favor for the $5.7 mil- entered a motion to dismiss for fail- to Elicc, Jangho, Li and AIG’s motions  
lion in damages, pre- and post-judg- ure to state a claim. The Insurance to dismiss. TPBC’s response included  
ment interest, court costs and other Company of the State of Pennsylvania letters and other documents detailing  
relief granted by the court.  
On August 11, Elicc Group sent on September 6.  
USGlass magazine a statement in re-  
Jangho formally responded to TP- themselves contain email exchanges  
(AIG) made its own motion to dismiss what the company calls excuses for  
project delays. The submitted exhibits  
sponse to an article that appeared online. BC’s complaint on September 8, stat- between TPBC and Jangho from 2014  
The response reads, “The post was ing that “Jangho submitted a schedule discussing whether or not Jangho  
based upon allegations in a complaint which endeavored to comply with the abandoned the project.  
filed by TPBC. A spokesperson for unrealistic completion dates requested  
the defendants cautioned that a com- by TPBC. That schedule was updated  
continued on page 30  
28  
USGlass, Metal & Glazing | October 2017  
www.usglassmag.com  
Lconetignuiesdlation&Legal  
YourGPlalsasnnEixnpgosG:uide  
May 10–11, 2018  
Overtime Rule Struck  
Down by Court  
Henry B. Gonzalez Convention Center  
San Antonio Marriott Riverwalk Hotel  
San Antonio, Texas • #GlassTEXpo18  
Co-sponsored by:  
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Glass Expo  
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federal judge in Texas struck down the U.S. Depart-  
ment of Labor’s proposed overtime rule in late Au-  
A
gust, months after issuing a preliminary injunction.  
The overtime rule would have doubled the salary level  
under which employees qualify for overtime pay from  
Co-sponsored by:  
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com  
$
455 per week ($23,360 annually) to an estimated $913  
per week ($47,467 annually). It also would have automat-  
ically updated the threshold every three years.  
Judge Amos Mazzant said he struck down the  
rule because it focused on salaries instead of job  
descriptions.  
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This significant increase would essentially make an  
employee’s duties, functions, or tasks irrelevant if the em-  
ployee’s salary falls below the new minimum salary level,”  
says Mazzant. “As a result, entire categories of previously  
exempt employees who perform ‘bona fide executive, ad-  
ministrative, or professional capacity’ duties would now  
qualify for the EAP exemption based on salary alone.”  
Associations such as the Associated Builders and Con-  
tractors (ABC) have voiced opposition to the rule.  
After the injunction late last year, ABC vice president  
of legislative and political affairs Kristen Swearingen  
said that by “dramatically increasing the minimum sal-  
ary threshold for exempt employees, the Department of  
Labor’s overtime rule would have taken workplace flexi-  
bility away from employees and may have required some  
employers to consider switching certain employees from  
salaried to hourly positions.”  
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She added that the rule would also have a significant  
impact on commercial construction projects, “since  
they often last longer than three years and are carefully  
planned to stay on time and under budget.” s  
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com  
30  
USGlass, Metal & Glazing | October 2017  
www.usglassmag.com  

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