Barclay White Skanska, Inc. v. Battelle Memorial Institute

GREGORY, Circuit Judge:

This case involves whether a plaintiff contractor presented genuine issues of material fact, sufficient to overcome the owner defendant’s motion for summary judgment. We hold that it did. Accordingly, we reverse the district court’s grant of summary judgment with respect to $300,000 withheld for alleged incomplete work, for the failure to execute the approved change orders, and for general costs; however, we affirm the district court’s grant of summary judgment with respect to the disputed change orders, and remand for proceedings consistent with this opinion.

I

Barclay…