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.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.