The defendant municipality brought a motion for summary judgment to dismiss the plaintiff contractor's action for additional compensation arising from unexpected subsurface soil conditions during a sewer construction project.
The municipality argued the claim was barred by the contract's strict notice provisions, a release executed by the contractor, and the expiry of the two-year limitation period.
The court dismissed the motion, finding genuine issues for trial on all three grounds due to an insufficient evidentiary record provided by the municipality, particularly regarding the parties' course of conduct, the scope of the release's exceptions, and the exact date the claim was discovered.
