The plaintiff contractor brought a motion for summary judgment against the corporate owner and its principal for unpaid amounts on a commercial redevelopment project.
The court found no genuine issue requiring a trial regarding the debt, rejecting the defendants' claims of a fixed price and substandard work.
The court also found that the corporate owner breached the statutory trust provisions of the Construction Act by receiving funds after substantial performance was certified and failing to remit them to the plaintiff.
The individual principal was held personally liable for the breach of trust as he had effective control of the corporation and knew or ought to have known of the breach.
