Ohio Valley Contractors, Inc. v. Board of Education

This is an appeal by Ohio Valley Contractors, Inc. from a summary judgment order entered by the Circuit Court of Wetzel County in a contract case. The principal issue in the case below was whether the Board of Education of Wetzel County was liable to Ohio Valley for some excavation they performed. The circuit court concluded that there was “no genuine issue as to any material fact” and awarded summary judgment and costs to the Board of Education. On appeal, Ohio Valley claims that there are questions of material fact: namely, (1) what was the reason for excavating the site to bedrock; (2) did…