Ex Parte Bagby Elevator & Elec. Co., Inc.

This Court granted certiorari to review the action of the Court of Civil Appeals 383 So.2d 170 in affirming the trial court's grant of summary judgment to the respondents/defendants. We reverse and remand.

The facts of this case revolve around the execution and performance of a construction contract awarded to respondent/defendant Orlin Buzbee, d/b/a Buzbee Contracting Company (hereinafter Buzbee), by the Industrial Water Board of the City of Birmingham. The contract contemplated the construction of various improvements to the Water Board's Sipsey and Cane Creek Pumping Stations, and was…