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May
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Difference between Affirmative Defenses and General Denials
A recent case explains how an affirmative defense works. In this case, a drywall subcontractor sued a general contractor for unpaid work. The subcontractor filed a motion for summary judgment, the contractor filed an opposition in response, and the summary judgment was denied. The case proceeded to a bench trial and the court found that the subcontractor failed to prove its claim and awarded judgment in favor of the contractor. The subcontractor appealed which included an appeal of the denial of its summary judgment. An argument the subcontractor raised is that the court improperly allowed the contractor to present evidence...
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