Miami Valley Contractors, Inc. v. Town of Sunman

ENTRY DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

BARKER, Chief Judge.

Plaintiff, Miami Valley Contractors, Inc. (MVC), brings its motion for partial summary judgment on the ground that the Defendant, Town of Sunman, Indiana (Sunman), has waived its right to seek liquidated damages relating to the completion of the first phase of the construction contract between them. MVC also maintains that the liquidated damages provisions in the contract impose unenforceable penalties, but that, even if enforceable, they should not be invoked because MVC substantially completed its work under the contract.…