Standard of Review Summary judgment is proper where there exist no genuine issues of material fact such that the moving party is entitled to judgment as a matter of law. Based on this failure to research, Atlas asserts, Breakwater has billed an excessive and unconsented-to amount under that contract. Atlas, in turn defends by asserting that 1) it has paid Breakwater for the amounts owed to Whorff under the subcontracts, and 2) Breakwater misrepresented the cost of the Project and failed to adequately research the actual cost. Breakwater defends its failure to pay Whorff asserting that Whorff has not completed its obligations under the contracts and further that Breakwater is not obligated to pay Whorff until Atlas has honored its contract with Breakwater by paying on submitted invoices. Breakwater concedes that it has failed to pay Whorff's invoices and concurs in the amounts due, contingent upon completion of the Project. Whorff alleges that Breakwater and Atlas owe unpaid invoices totaling $105,400.00. On September 18, 2006, Whorff recorded a Notice of Mechanics' Lien Claim in Lincoln County Registry of Deeds in Book 3739, in order to preserve a statutory mechanics' lien on the Property pursuant to 10 M.R.S.A ยง 3251. Whorff last provided labor, services and materials for the Project on July 31, 2006. Payments were timely made until April 30, 2006. Under the terms of that contract, Whorff was to provide monthly invoices for services rendered. On October 10, 2005, Breakwater and Whorff entered into several subcontractor contracts for the construction of the Subdivision infrastructure. second contract, entered into in October 2005, was for the building of the infrastructure of the Subdivision. The first contract, entered into on was for the design of the subdivision. Beginning in May 2005, Atlas and Breakwater entered into two contracts for the design and creation of the infrastructure of the Subdivision. (Wharff) was the subcontractor on the Project. (Breakwater) was the general contractor on the Project and Plaintiff Bill Wharff, Inc. Defendant Breakwater Design & Build, Inc. Defendant Atlas Enterprise LLC (Atlas) is the owner of the property. PROCEDURAL AND FACTUAL BACKGROUND The dispute in this case arises from the design and construction of Sunset Terrace Subdivision, Boothbay Harbor Maine (the "Project"). 56(c) and Defendant Atlas Enterprise, LLC's Motion to Strike. This case comes before the Court on Plaintiff Bill Whorff, Inc.'s Motion for Summary Judgment pursuant to M.R. Defendant, And ATLAS ENTERPRISES, LLC, Defendant.
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