L.K. Comstock & Co. v. Perini Corp.

MEMORANDUM DECISION

CHIN, District Judge.

In this diversity action, the parties have cross-moved for summary judgment. Plaintiff L.K. Comstock Company, Inc. (“Com-stock”) argues that the construction contract at issue unambiguously obligates defendants Perini Corporation (“Perini”) and Perini/O & G II (the “Joint Venture”) to perform certain work. Conversely, defendants claim that the contract plainly delegates the disputed work to Comstock. Because I find that the contract at issue is subject to two reasonable interpretations, the motions for summary judgment must be denied. Also, defendant…