LARRY SNYDER AND COMPANY v. Miller

EBEL, Circuit Judge.

In this appeal, Plaintiff-Appellant Larry Snyder and Company (Snyder) argues that the district court erred by granting summary judgment to Defendant-Appellee Clark Miller, doing business as American Underground Utilities (Miller), on Snyder’s breach of contract claim. Snyder and Miller entered into a subcontract agreement, under which Miller would install utility trenches underneath what would become a parking lot for an apartment complex. Miller performed the work, but once the asphalt for the parking lot was installed, the trenches settled and the parking lot was…