W. R. Ferguson, Inc. of New Jersey v. William A. Berbusse, Jr., Inc. of New York

WRIGHT, Judge.

This action is the result of a dispute over a construction contract. The contract executed by the plaintiff as a sub-contractor and the defendant as contractor was for the performance of work on the St. Francis Hospital at Wilmington, Delaware. The plaintiffs claim is for an alleged unpaid balance under the term of the contract and for extra work not specifically provided for under the contract.

The defendant moves to dismiss the action or alternatively for judgment on the pleadings as to certain parts of the action.

The motion to dismiss is based on the failure of the plaintiff…