James J. Gory Mechanical Contracting, Inc. v. BPG Residential Partners V, LLC, et al.

Plaintiff sued for breach of contract on a construction contract with defendant, for which plaintiff purportedly had fully performed. At issue was whether a Payment Memo constituted a valid contract and thus superseded any previous payment obligations owed to plaintiff by defendant. Based upon the allegations of the complaint, the court found that the Payment Memo failed as a contract for lack of consideration. Therefore, defendant was not entitled to dismissal or judgment on the pleadings and defendant's motion was denied. View "James J. Gory Mechanical Contracting, Inc. v. BPG Residential Partners V, LLC, et al." on Justia Law