Preussag International Steel Corp., dba Infra-Metals Co. v. March-Westin Co., et al.

Case Number:
Case Date:
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Certified Question:
"Under W.Va. Code ยง38-2-39 (2003), is a steel fabricator deemed to be a "subcontractor" where:

A. The steel fabricator enters a fixed-price contract with the general contractor of a public works construction project, pursuant to which the fabricator

i. Agrees to fabricate and deliver structural steel components conforming to the construction project's unique design specifications;
ii. Produces shop drawings for the fabricated steel components based on the project's engineering calculations and design specifications' [sic]
iii. Submits its shop drawings for approval by the project's architect and general contractor before fabricating the structural steel components; and
iv. Delivers the fabricated steel components on a delivery schedule based on construction progress;

B. The steel fabricator performs all physical fabrication processes at its own facility, away from the project site; AND
C. The fabricated steel components are not fungible and not readily marketable without further modification?"