Stevens Construction Corp. v. Fisher

This appeal arises out of a construction contract. The plaintiff, Stevens Construction Corporation, entered into a contract to build an apartment complex for the defendant, real estate developer Jerome Fisher. Stevens agreed to perform the contracting services for the consideration of $2,100,000. Fisher paid all but $6,784.94 of the contract price. Stevens brought suit for the unpaid balance. Fisher answered the complaint of Stevens, admitting the performance of the contract by Stevens, but alleging, by way of counterclaim, an affirmative defense that the sum sued for by Stevens was withheld…