Specht v. Maximus Inc.

PER CURIAM: *

Maximus, Inc. appeals the district court’s grant of summary judgment in fa*874vor of Wayne Specht on his breach of contract claim. Maximus contends that the court erred in granting summary judgment on an issue not raised by the parties, that fact questions exist regarding whether it waived a condition precedent to contract enforcement, and that the court misinterpreted the contract term at issue. Because we conclude that genuine issues of fact exist precluding summary judgment, we REVERSE and REMAND for further proceedings.

I. BACKGROUND

In 2003, Wayne Specht began working as a State…