Essex Development, Inc. v. Cotton Custom Homes, L.L.C.

ROY L. RICHTER, Judge.

Introduction

Plaintiff-Appellant Essex Development, Inc. (“Essex Development”) appeals from the decision granting Defendant-Respondent Cotton Custom Home’s (“Cotton”) motion for summary judgment, and denying Essex Development’s motion for summary judgment. We reverse and remand for further hearing.

This case arises out of a dispute between two real estate developers co-developing a sub-division of single-family homes in Jefferson County, Missouri. The dispute involves determining whether the construction contract in question contemplated a “costs plus fee” format, where…