Pearson v. Suiter (In re Suiter)

MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS 2 & 3 OF COUNTERCLAIM (CHANGE ORDER 9)

Robert J. Faris, United States Bankruptcy Judge

This adversary proceeding arises out of a construction contract between Plaintiff *335Thomas C. Pearson, as owner, and Defendant Canaan Construction, Ltd. (“Canaan Construction”). Defendant Max Bradford Suiter (“Suiter”) is the owner of Canaan Construction. The remaining defendants (Canaan Builders, LLC, 1122 Makepono Street, LLC, and Raymond T. Suiter) are affiliated with Suiter.

Defendant Canaan Construction has filed a counterclaim against…