Brinkman & Lenon, Architects & Engineers v. P & D Land Enterprises

In this case, we conclude that the District Court erred in granting summary judgment to plaintiff Brinkman & Lenon because plaintiff failed to meet its initial burden of establishing the absence of genuine issues of material fact. Therefore, we reverse and remand.

The facts necessary to our resolution of this case are straightforward. Brinkman and Lenon, Architects and Engineers (Brinkman), entered into a standard form architectural contract with P&D Land Enterprises (P&D) on May 21,1990. Pursuant to the contract, Brink-man was to perform certain architectural and engineering services in…