Total Building Maintenance, Inc. v. J & J Contractors/Raines Brothers, a Joint Venture, J & J Contractors, Inc., Raines Brothers, Inc., St. Paul Fire & Marine Insurance Co., and Fidelity & Deposit Co. of Maryland

In this action plaintiff sued for money owed under its subcontract with the defendant contractor. The defendants’ contractor denied liability, raised as affirmative defenses, waiver/estoppel, unclean hands and breach of contract, filed a counter-claim alleging that plaintiff failed to complete its work in a timely and proper manner and permitted the roof to be harmed by others during the construction and generally failed to cooperate. Following an evidentiary hearing, the Trial Judge determined that both parties had breached the contract, that plaintiff was guilty of unclean hands, denied both parties any recovery and dismissed the case. On appeal, we affirm.