Montalbano Builders, Inc. v. Rauschenberger

PRESIDING JUSTICE McDADE

delivered the opinion of the court:

In this contract dispute, the plaintiff, Montalbano Builders, complained that defendants, David Rauschenberger and Rauschenberger Contractors, failed to complete work they had contracted to do. Rauschenberger counterclaimed for payment. During discovery defendants sought plaintiffs admission to certain facts. Plaintiff failed to timely respond, claiming not to have received the discovery request. Plaintiffs motion to tender a response more than five months after the service of the request to admit was denied. The facts deemed to have…