Associated Mechanical Contractors, Inc. v. Martin K. Eby Construction Co.

ORDER

OWENS, District Judge.

This case is before the court on defendant Martin K. Eby Construction Company’s (“Eby’s”) third motion for summary judgment. At issue is whether plaintiff Associated Mechanical Contractors, Inc. (“AMC”) complied with the prime and subcontracts in attempting to submit notice of its intent to bring delay claims against Eby. Oral argument was heard on the motion on October 21, 1997. In addition, defendant Eby orally presented a motion to strike the affidavits of Kenneth Yakel and Daniel Harrity, both of which were submitted by AMC in support of its contention that…