Mason C. Day Excavating, Inc. v. Crowder Construction Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ROBERT D. POTTER, Chief Judge.

THIS MATTER is before the Court following a bench trial held on November 23, 1987. The main parties are a contractor, Crowder Construction Co., Inc., and a subcontractor, Mason C. Day Excavating, Inc. The subcontractor sued the contractor for monies due and owing under a subcontract for grading and excavation work. The contractor counterclaimed for a declaratory judgment establishing the rights and liabilities of the parties, and for a set-off of certain expenses.

I. FINDINGS OF FACT

Based upon the evidence presented at trial…