The plaintiff flooring contractor sued the defendant general contractor for unpaid invoices relating to the installation of a concrete urethane floor in a brewery.
The general contractor counterclaimed and brought separate actions against the flooring subcontractors and the product manufacturer, alleging the floor was negligently installed and defective.
The court found that the alleged defects were cosmetic and resulted from the general contractor's decision to substitute a cheaper flooring product without the designer's approval, as well as poor maintenance by the brewery.
The court granted the plaintiff's claim for unpaid invoices and dismissed the general contractor's counterclaim and third-party actions.