In an action seeking a declaration that defendant was barred from collecting delay damages under the parties' construction subcontract, summary judgment for plaintiff is reversed where the district court erred by: 1) refusing to consider discovery documents produced by plaintiff in its initial disclosures; and 2) discounting two affidavits submitted by defendant without first analyzing their admissibility under the sham affidavit rule.
Filed August 17, 2009
Opinion by Judge Lucero
David E. White, Spencer Fane Britt & Browne LLP
Joshua C. Dickinson, Spencer Fane Britt & Browne LLP