United Tunneling Enterprises, Inc. v. Havens Construction Co.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

This is an action in which the plaintiff United Tunneling Enterprises, Inc. (“United”) seeks to recover the balance due for its work as a subcontractor from the defendant contractor, Havens Construction Company, Inc. (“Havens”) and the defendant surety, United States Fidelity & Guaranty Company (“Fidelity”). Havens has filed a counterclaim against United for liquidated damages and back charges. The case now comes before the court on the plaintiffs motion for partial summary judgment on its first amended complaint and motion for summary judgment…