1. MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION
Plaintiff’s Motion for Summary Adjudication as to the Breach of Contract cause of action is Denied.
Plaintiff extracts portions of the Contract out piece meal in an attempt to argue that Defendant terminated the Contract due to delay in Plaintiff’s completion of the project, and that only liquidated damages are available for said delay.
However, “[t]he whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.” Civ. Code § 1641.
In reviewing the Contract as a whole, it appears that there are questions of material fact as to whether Plaintiff ever substantially completed the project, whether a “Substantial Completion” had been issued, if “Substantial Completion” could be revoked if it had been agreed upon, whether Defendant could terminate the Contract on the basis that Plaintiff substantially failed to fulfill its obligations under the Contract
Hearing Date
June 29, 2018
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1. MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION
Plaintiff’s Motion for Summary Adjudication as to the Breach of Contract cause of action is Denied.
Plaintiff extracts portions of the Contract out piece meal in an attempt to argue that Defendant terminated the Contract due to delay in Plaintiff’s completion of the project, and that only liquidated damages are available for said delay.
However, “[t]he whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.” Civ. Code § 1641.
In reviewing the Contract as a whole, it appears that there are questions of material fact as to whether Plaintiff ever substantially completed the project, whether a “Substantial Completion” had been issued, if “Substantial Completion” could be revoked if it had been agreed upon, whether Defendant could terminate the Contract on the basis that Plaintiff substantially failed to fulfill its obligations under the Contract