ANR Construction, Inc. v. CPF Construction, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ANR CONSTRUCTION, INC., Plaintiff, v. CIVIL ACTION NO. 2:21-cv-00575 CPF CONSTRUCTION, LLC, Defendant. MEMORANDUM OPINION AND ORDER Pending before the Court is Defendant CPF Construction, LLC’s motion for summary judgment. (ECF No. 92.) For the reasons more fully explained below, the motion is GRANTED in part and DENIED in part. I. BACKGROUND A. Facts1 On June 23, 2016, West Virginia experienced a series of state-wide thunderstorms that dumped roughly 10 inches of rainfall within a 24-hour…