This construction contract dispute involved defendant, Oliphant Properties Inc., seeking a summary trial to determine the binding nature of the Guaranteed Maximum Price (GMax) clause. The contract dated November 30, 2017, and signed around March 28, 2018, pertained to the construction of a lodge on a barge, with provisions for design, budgeting, and project phases. The defendant accused the plaintiff, Kinsol Timber Systems Ltd., of breaching the contract by not completing the lodge on time and within the GMax Price. The plaintiff argued that the GMax Clause was not binding due to the project being in the design phase. The defendant counterclaimed for additional expenses and losses resulting from the plaintiff's alleged breach. The court was unable to determine the binding nature of the GMax Clause due to unresolved compliance and project phase questions, which necessitate resolution at trial. The summary trial application for the GMax Clause issue was rejected by the court, as significant issues remained to be tried, including design changes, contract repudiation, construction deficiencies, and mitigating losses. The court determined that the potential prejudice and risk of new evidence outweighed the benefits of summary judgment. No specific information regarding a financial award was provided in the case.