ORDER
(Plf.'s Motion for Summary Judgment or Partial Summary Judgment — dkt. no. 29)
(Defs.' Motion for Summary Judgment — dkt. no. 38)
MIRANDA M. DU, District Judge.
Before the Court are the parties' cross-Motions for Summary Judgment. (Dkt. nos. 29 & 38.)
I. BACKGROUND
On or about January 10, 2003, subcontractor Stewart & Sundell Concrete...
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