The plaintiff construction manager brought an action against the defendant developer for unpaid invoices totaling over $1 million.
The defendant counterclaimed for delay damages, costs to rectify deficiencies, and return of construction management fees, alleging the plaintiff failed to perform its contractual obligations.
The court found that the parties had varied the written contract by their conduct and that the plaintiff was not responsible for any of the project delays, which were caused by the defendant's failure to provide a completed design and obtain permits on time.
The court also held that the plaintiff was not liable for construction deficiencies, as those were the responsibility of the trades.
The plaintiff was awarded $644,871.69 for unpaid invoices, with deductions made for overcharges and unproven payments.
