The plaintiff contractor brought a motion for summary judgment in a construction lien action, seeking $68,790.00 for home renovation work.
The defendant homeowners argued they had contracted with a different company, which had a penalty clause for late completion, and that the plaintiff either assumed that contract or was a subcontractor.
The court dismissed the motion, finding genuine issues for trial regarding the contractual relationships, credibility of witnesses, and the enforceability of the penalty clause, which could not be resolved on the written record.
