Brother's Roofing v. Wolfe World LLC d/b/a Wolfman Construction

Plaintiff's Opposition to Motion for Summary Judgment


Plaintiff - a roofing subcontractor - moved for Summary Judgment alleging that the Defendant - the general contractor - owes it the final payment under a construction contract.

The Defendant argues that it does not owe the money because damages at a different project (between the same parties) offset any amount due on the project that is the subject of Plaintiff's complaint.

Issues argued in this Memo: (a) whether Defendant admitted to owing this money; (b) whether offset raises genuine issues of material fact; (c) whether payment of a bond excuses Defendant for not paying Plaintiff directly, or if this is considered a misapplication of funds.

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Published In: Construction Updates

Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 5th Circuit, Louisiana | United States