Holber v. Suffolk Construction Co. (In re Red Rock Services Co.)

MEMORANDUM OPINION

RICHARD E. FEHLING, Bankruptcy Judge.

The Chapter 7 Trustee (“Trustee”) of the bankruptcy estate of Debtor, Red Rock Services Co., LLC (“Red Rock”), initiated this adversary proceeding to collect $1,667,945, plus attorneys’ fees, costs and interest, from Suffolk Construction Company, Inc. (“Suffolk”). Trustee alleged that Suffolk refused or failed to pay Red Rock for certain demolition services provided to Suffolk on a construction project, known as the Silo Point project, near Baltimore, Maryland. Suffolk’s answer to Trustee’s second amended complaint set forth several…