The defendants brought a motion for partial summary judgment to dismiss the plaintiff subcontractor's claim for the balance owing on a construction contract, while preserving their own counterclaim for delay damages.
The dispute arose from the construction of a water treatment plant, with the plaintiff alleging inaccurate schedules and specifications, and the defendants alleging the plaintiff failed to meet timelines.
The court dismissed the motion, finding that significant factual issues required determination at trial and it was inappropriate to decide the plaintiff's claim summarily while leaving the defendants' counterclaim for trial.
