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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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