In a construction lien action arising from a fixed-price contract to build a single-family home, the plaintiff contractor sought summary judgment for unpaid invoices and lien enforcement.
The defendants opposed the motion, alleging unauthorized changes, inaccurate billing, deficiencies, and abandonment of the project.
Applying the Hryniak framework, the court held that the record disclosed sharp conflicts on material facts and credibility, including whether changes were approved, who terminated the relationship, whether the work complied with the contract, and whether the invoices were accurate.
Although leave to bring the interlocutory motion was granted for pragmatic reasons under the construction lien procedure, summary judgment was refused and the matter was left for trial.
