Oral arg. – COA – 6/19/2019

At 1:30 the COA will hear the case of The Saxon Group v. South Mississippi Power Association.

SMEPA is a generation transmission electric power coop that sells electricity wholesale to eleven distribution coops in Mississippi. Saxon was a Georgia construction company that was awarded a bid for mechanical and electrical construction services at SMEPA’s Moselle Power Station. There were a few disagreements and Saxon claimed that SMEPA used these to avoid paying Saxon $3,000,000 it owed. Saxon sued. The jury returned a verdict for Saxon and awarded $93,326 on Saxon’s claim for return of backcharges withheld by SMEPA, $90,000 withheld by SMEPA as liquidated damages, and $1.2 million in damages caused by SMEPA’s wrongful delay in payments. The jury denied SMEPA’s counterclaim for damages concerning an alleged misrepresentation claim related to a change order. Saxon appealed on two issues: the trial court’s grant of summary judgment in favor of SMEPA as to Saxon’s contractual claim for interest on the final balances due Saxon for its work on the Project, withheld by SMEPA for three years and the court’s granting of SMEPA’s motion for JNOV of the jury’s award to Saxon of $1.2 million in consequential damages.

The Saxon Group’s Brief

SMPA’s Brief

The Saxon Group’s Brief

Watch the argument here

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