Jorge Construction Co. v. Weigel Excavating & Grading Co.

HARRIS, Justice.

Jorge Construction Company, a general contractor, brought this law action against Weigel Excavating and Grading Company Corp., a subcontractor, asserting that excavation work for a school construction project was improperly done. There was prior litigation in which both Jorge and Weigel became involved. The trial court sustained Weigel’s motion for summary judgment on the ground Jorge’s claim is barred because it should have been asserted by way of counterclaim in the prior suit and because of the doctrines of claim and issue preclusion. We reverse the trial court and remand…