PG&E Corporation v. AECOM Technical Services, Inc..

Background

The court had previously granted AECOM Technical Services, Inc.’s motion for partial summary judgment. It held that JH Kelly, LLC waived claims for labor and materials furnished through September 12, 2018, by signing a document stating that it released and relinquished claims and lien rights for that work.

As part of its request for reconsideration, JH Kelly asked whether the earlier ruling also applied to its quantum meruit/abandonment claim. The opinion describes that claim as alleging that the subcontract was no longer in effect. JH Kelly argued that the lien waivers were part of the subcontract, or were submitted as a subcontract requirement, and therefore questioned whether the alleged abandonment affected the waivers.

Ruling

The court stated that its earlier order had not addressed whether the lien waivers released JH Kelly’s quantum meruit/abandonment claim. It therefore confirmed that the earlier grant of partial summary judgment based on the lien waivers did not apply to that claim.

The court directed the parties to submit supplemental briefs on the issue, but found that the briefs did not identify controlling authority and instead raised additional substantive arguments. Because the dispositive-motion deadline and pretrial conference had already passed, the court stated that it would not entertain any further motion for reconsideration, clarification, or an equivalent request concerning this issue. Judge Haywood S. Gilliam, Jr. ordered that result on June 1, 2022.