Thrash Commercial Contractors, Inc. v. Terracon Consultants, Inc.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on cross-motions by plaintiff Thrash Commercial Contractors, Inc. (Thrash) and defendant Terracon Consultants, Inc. (Terracon) for *871partial summary judgment on Terracon’s third and fourth affirmative defenses, which seek to limit Thrash’s recoverable damages in this case based on a limitation of liability provision and waiver of consequential damages provision in the contract that is the subject of Thrash’s claims in this cause. By its motion, Thrash seeks a ruling that the subject provisions are void and…