The plaintiff paving contractor brought a motion for summary judgment for unpaid invoices.
The defendant general contractor refused to pay, arguing that the asphalt was defective and that a liability release it signed prior to the paving was void due to economic duress.
The court found that the release was a valid amendment to the contract and that the defendant failed to establish economic duress, as it had alternatives available and the plaintiff's pressure was legitimate given the cold weather conditions.
Summary judgment was granted in favour of the plaintiff.
