The plaintiff, Bisquip Leasing Corporation (Bishop), brought a motion for partial summary judgment against the defendant, Coco Paving Inc., for outstanding payments for construction services.
Bishop initially claimed $151,350.12, which was reduced to $67,001.39 after a partial payment by Coco.
Coco opposed the motion, arguing for equitable set-off, statutory set-off under the Construction Act, and that partial summary judgment was inappropriate due to related counterclaims concerning a deficient sanitary line and liability for a gas line strike.
The court found that the contracts were separate, rejected Coco's equitable set-off defense, and dismissed the counterclaim regarding the sanitary line without prejudice.
The motion for summary judgment was granted for Bishop for $67,001.39, with the court concluding that this would simplify the action and lead to a fair adjudication, despite ongoing related litigation.