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11. That even after the issuance of the check was to fully resolve the disputed <br />issues between them, the Plaintiff did not complete the punch list items as agreed to, even <br />up to the date of trial. <br />12. The parties had stipulated prior to the trial that the Plaintiff was entitled to <br />$1,801.94 as the amount that has not been paid pursuant to the contract and written <br />change order because the Court had previously dismissed Defendant's Counterclaim <br />which may have offset the cost of the change order. <br />CONCLUSIONS OF LAW <br />1. Plaintiff Great Westem Corporation is awarded judgment against the <br />Defendant City of Little Canada in the amount of $1,801.94 pursuant to the stipulation of <br />the parties. <br />2. Based upon the facts, there was a good faith dispute between the parties, <br />which they attempted to settle in their meeting of August 29, 2001. Defendant made a <br />good faith payment releasing the retainage, plus a small part of the change order The <br />balance owing of only $1,801.94, was being retained in order to insure that the punch list <br />items were completed by the Plaintiff. <br />3. The punch list items as of the date of trial had still not been completed. <br />Plaintiff is not entitled to interest or penalties for the Defendant's failure to make the final <br />payment pursuant to Minnesota Statute 471.425 because it had not completed its part of <br />the bargain (Completing the punch list items.) <br />4. Plaintiff is not entitled to interest or penalties or attomey's fees pursuant to <br />Minnesota Statute 471.425. <br />6- <br />