Riverwood Builders, Inc. v. Bridgton Gen. Store

• Court: Superior Court of Maine
• Decided: October 14, 2009
• Docket: CUMre-09-118
• Status: Unpublished

Opinion

STATE OF MAINE ~SUPERIOR COURT CUMBERLAND, ss ',. L ',',CIVIL ACTION : ' ~DOCKET NO. RE-09-118

RIVERWOOD BUILDERS, INC., LJ9 i",:T i lj ,\ 11: 3Ll JI Plaintiff ORDER ON PLAINTIFF'S v. MOTION FOR SUMMARY JUDGMENT BRIDGTON GENERAL STORE, LLC, Defendant

Before the court is Plaintiff Riverwood Builders Inc.' s (Riverwood) Motion

for Summary Judgment. Riverwood alleges that Defendant, Bridgton General

Stores, LLC (BGS), breached its contract and owes Riverwood $25,031 plus

Iitigation costs for services performed at 270 Main Street in Bridgton, Maine.

Summary judgment should be granted if there is no genuine dispute as to

any material fact and the movant is entitled to judgment as a matter of law. M.R.

Civ. P. 56(c). In considering a motion for summary judgment, the court should

consider the facts in the light most favorable to the non-moving party, dnd the

court is required to consider only the portions of the record referred to and the

material facts set forth in the parties' Rule 56(h) statements. E.g., JOh115011 V.

McNeil, 2002 ME 99, err 8, 800 A.2d 702, 704. A contested fact is "material" if it

could potentially affect the outcome of the suit under the governing law. [71kel v.

Livillfl,st071, 2005 ME 42, 9I 4, 869 A.2d 745, 747. A fact is "genuine" if there is

sufficient evidence supporting the claimed fact to require a fact-finder to choose

behveen competing versions of facts at trial. Id

Genuine issues of material fact exist, precluding the court from granting

this motion. It appears that Riverwood entered into a contract to repair

structural damage to the property in Bridgton, Maine. However, no contract signed by or on behalf of the Defendant has been provided and the court cannot

determine whether the "quote," which was provided was accepted.

Additionally, the court is not able to determine if the work was to be performed

on the residential portion of the property, the commercial portion of the

property, or both.

Additional factual disputes preclude summary judgment: 1) the amount

of work Riverwood performed pursuant to a clause in the underlying "quote,"

which states: "Any additional damage to support structure that becomes evident

upon demolition will be discussed with client and contracted separately;" and 2)

whether the contracting party was aware that Riverwood was performing

additional work at 270 Main Street. Without a fully executed contract and

without further information this court cannot grant Riverwood's Motion for

Summary Judgment.

Therefore, the entry is:

Plaintiff's Motion for Summary Judgment is DENIED.

Dated at Portland, Maine this _-+-/---,V_M __ day of _a_0_~_£'=---'--'-'\_ _-" 2009.

Robert E. Crowley Justice, Superior Court COURTS d COU;lty x 287 l 04112-0287

SAMUEL SHERRY ESQ PO BOX 18201 PORTLAND ME 04101

= COURTS nd County ,ox 287 18 04112-0287

BRIDGTON GENERAL STORE C/O JEAN MCCARTHY 1839 NEW BRITAIN AVE FARMINGTON CT 06032