Associated Mechanical Corp. v. Martin K. Eby Construction Co.

ORDER

OWENS, District Judge.

Defendant Martin K. Eby Construction Company, Inc. (“Eby”) has filed a motion for summary judgment on plaintiff Associated Mechanical Contractors, Inc.’s (“AMC”) claims for final contract payment and pre-judgment interest on such payment. While Eby argued in its briefs that it was not obligated to pay AMC the final amount (“retainage”) because of unsatisfied conditions precedent, Eby has now paid a portion of the amount making this issue moot. However, the issues of whether the remaining portion of the principal is' due and whether pre-judgment interest on the…