Background:

• Window Force Inc., a supplier of custom windows, seeks summary judgment for unpaid invoices totaling $53,026.86, or alternatively, orders for trial.
• TriCity, a purchaser of these windows, counterclaims $175,000 for repair/replacement costs and reputational damage due to alleged poor quality and delays.

Key Facts:

• Contractual Issues: Disputes over unpaid invoices and quality of delivered goods.
• Invoices in Dispute:
  • Invoice #3858: $30,432.16
  • Invoice #3878: $18,472.56 (with $2,993.29 outstanding)
  • Invoice #3901: $19,601.41
• Communication: Delays in production due to COVID-19 and supply chain issues were communicated by Window Force. TriCity responded with cancellation of orders and complaints about delays and product quality.
• Legal Actions: Window Force initially claimed construction lien, which was later resolved by TriCity paying $14,751.18 into court.

Court Findings:

1. Summary Judgment Denied: There is a genuine issue requiring a trial due to conflicting evidence and need for credibility assessments.
2. Key Issues for Trial:
   • Contractual terms and performance
   • Validity and impact of order cancellations
   • Quality and delivery of products
   • Damages and mitigation efforts by both parties
3. Proceedings: Timetable set for document exchange, discovery, and addressing undertakings.

Costs:

• Window Force to pay TriCity costs of $8,308.70 within 30 days due to the dismissal of the summary judgment motion.

Conclusion: The court ruled that the case requires a full trial to resolve the numerous factual disputes and credibility issues presented. The summary judgment motion was dismissed, and a detailed timetable was established to move the case towards trial.