13 results for 'cat:"Civil Procedure" AND cat:"Construction" AND cat:"Contract"'.
J. Usman finds the lower court improperly dismissed a consumer’s complaint against a construction company. The consumer filed suit against the construction company claiming it violated their contract when it allegedly constructed concrete structures on his property without using rebar. The lower court ultimately dismissed the consumer’s complaint with prejudice for failure to prosecute, but two days prior to the lower court entering its written order, the consumer filed a notice to voluntarily nonsuit the matter. The construction company argues that the lower court’s oral ruling eliminated the consumer’s right to voluntarily nonsuit, but the instant court finds that a dismissal does not become final until the written order is entered, and the consumer maintains his right to voluntarily dismiss the case. Reversed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: January 18, 2024, Case #: W2022-00256-COA-R3-CV, Categories: civil Procedure, construction, contract
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[Consolidated.] J. Holdridge finds that the trial court properly dismissed the parish consolidated government's third party claims against an engineering firm in a construction dispute involving a road widening project. The claims were perempted since they were not filed within five years after the contracted services were completed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: October 30, 2023, Case #: 2022CA1249, Categories: civil Procedure, construction, contract
J. Chutz finds that the trial court improperly ruled in favor of the surety and dismissed a construction sub-subcontractor's claims involving a payment dispute. The surety had not been released from its bond obligations to the sub-subcontractor, so its exceptions of no cause of action and no right of action should not have been sustained. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chutz, Filed On: October 19, 2023, Case #: 2023CA0012, Categories: civil Procedure, construction, contract
J. Fox finds the lower court properly denied the architect's motion to enforce the accrual provision found in Colorado law for construction defects. The provision included in its contract with the school extended the accrual period and is enforceable because it does not violate public policy. The contract does not include an unlimited accrual period or any other language that violates any Colorado statute, and both parties are "sophisticated entities" that could have negotiated different terms for reporting of any defects. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: September 21, 2023, Case #: 2023COA85, Categories: civil Procedure, construction, contract
J. LaRose finds that a builder's appeal should be dismissed as brought from the trial court's refusal to dismiss a dispute over a construction contract and related construction lien based on the failure to include the building owner in the suit because the order was not final and thus not appealable. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: July 12, 2023, Case #: 2D22-4138, Categories: civil Procedure, construction, contract