MEMORANDUM OPINION
LIAM O'GRADY, District Judge.
This is an action for breach of contract arising out of a "multi-use" condominium construction project located in Arlington, Virginia. The parties to the contract are Plaintiff/Counter-Defendant Comstock Potomac Yard, L.C. ("Comstock") and Defendant/Counter-Plaintiff Balfour Beatty Construction, LLC ("Balfour Beatty").
I. Background and Undisputed Factual History
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