A Harford Circuit Court judge has denied a request by a Havre de Grace contracting company for a summary judgment in its civil suit against the developers of the Major's Choice subdivision in Bel Air.
Judge Cypert O. Whitfill's order, issued Monday, means that the case will be scheduled for trial. The trial has not been scheduled.
The contractor, Majors Inc., is seeking $125,202 in damages from the Majors Choice Limited Partnership, Shehan & McGee Associates, andits two partners, Robert W. McGee and George Shehan, both of Bel Air.
Majors Inc. contends in its suit, filed Sept. 3, that Shehan, McGee and the partnership owe the firm for providing sewer, grading androads for 97 lots at the Bel Air development.
Shehan, McGee and the partnership deny the contractor's allegations in responses filed with the court.
Majors Inc., represented by Bel Air attorney John C. Bays, charges the defendants with breach of contract, unjust enrichment and breach of statutory and common law trust.
In an October 1986 agreement, Shehan, McGee and the partnership bought 97 undeveloped lots in the Major's Choice subdivision, which is in the northeast corner of Bel Air off Moores Mill Road.
Majors Inc. contends in itssuit that Shehan, McGee and the partnership agreed to share the development expenses of the lots. The expenses included the cost of paving roads, installing sewer lines, and providing bonds and letters of credit for storm-water controls, grading and building permits.
The contractor states that Shehan, McGee and the partnership has refused to pay the $75,202 it is owed for services and materials it provided for the project. In addition, Majors Inc. is seeking $50,000 in punitive damages.
"The actions of the individual defendants . . . were willful, intentional and malicious, and in reckless disregard of plaintiff's statutory and common law rights," Majors Inc. says in the suit.
But Shehan, McGee and the partnership deny Majors Inc.'s allegations in their response, stating that the contractor has not provideddocumentation for its claims.
"Majors provides no accounting for the alleged debt and attaches nothing to its pleadings in support of the debt," say the defendants, represented by Baltimore attorney Robert J. Proutt.
The defendants added that another firm, Har-Ce Construction Inc. of Havre de Grace, performed the development work at Major's Choice and has been paid.
Because Har-Ce performed the development work, Shehan, McGee and the partnership say they have no obligation to Majors.