United States Bankruptcy Court, D. Hawaii October 6, 2016, Case No. 15-00083; Adv. Pro. No. 15-90020 (Pearson v. Suiter (In re Suiter))

MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNTS 2 & 3 OF COUNTERCLAIM (CHANGE ORDER 9)

Robert J. Faris, United States Bankruptcy Judge

This adversary proceeding arises out of a construction contract between Plaintiff *335Thomas C. Pearson, as owner, and Defendant Canaan Construction, Ltd. (“Canaan Construction”).