The plaintiff subcontractor and defendant general contractor both brought summary judgment motions in a contract dispute arising from a highway bridge construction project.
The plaintiff claimed the unpaid balance of its contract, while the defendant claimed damages for delays caused by the plaintiff's admitted negligence, which resulted in the owner assessing liquidated damages against the defendant.
The court held that the exclusion of liability clause in the plaintiff's estimate did not protect it from damages arising from its own negligence.
The court awarded judgment to both parties and applied legal set-off, resulting in a net judgment in favour of the defendant.
