Percy J. Matherne Contractor, Inc. v. Grinnell Fire Protection System Co.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

VANCE, District Judge.

This matter is before the Court on cross motions for summary judgment filed by defendant Grinnell Fire Protection Systems Co. (“Grinnell”) and plaintiff Percy Matherne Contractor, Inc. (“Matherne”). For the reasons stated below, the motion by Grinnell is denied, and the motion by Matherne is granted.

I. BACKGROUND

This is an action by a general contractor, Matherne, against a subcontractor, Grinnell, to recover damages as a result of Grinnell’s failure to perform according to its bid for the fabrication and installation of a sprinkler…