184 results for 'cat:"Construction" AND cat:"Contract"'.
J. Powell finds the lower court properly granted the contractor's motion for summary judgment in a contract action. The customer provided no evidence to rebut the contractor's contract claim after he was denied access to the customer's home and the customer refused to pay for any of the work done. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 18, 2024, Case #: 2024-Ohio-1002, Categories: construction, contract
J. Wilson finds the lower court improperly denied an owner’s motion to compel arbitration. The owner of two construction projects had a contract with a general contractor to provide construction services for those projects. The contracts for both projects had arbitration provisions. While the arbitration agreements state only certain claims will be arbitrated, the terms clearly state that an arbitrator must make the determination if the claims are arbitrable. The matter is remanded to the lower court to determine if proceedings should be stayed on one project pending the arbitration of the other. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 14, 2024, Case #: 14-22-00641-CV, Categories: Arbitration, construction, contract
J. Chase finds that the trial court should not have granted the peremptory exception of no cause of action filed by a contractor on a fire suppression company's action for payment for work performed on the construction project. In this case, the fire suppression company alleged that it timely and satisfactorily completed its obligations under the contract and was not paid. Further, the fire suppression company timely filed a lien and timely mailed notice of the lien to the contractor. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 13, 2024, Case #: 2024-C-0066, Categories: construction, contract
J. Johnson finds the trial court improperly granted the construction company's pretrial motion for summary judgment on the engineering firm's breach of contract claim. Summary judgment evidence submitted by the engineering firm - an email acknowledging a land-for-services provision could not go forward - created genuine issues of material fact on whether an agreement existed. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: March 7, 2024, Case #: 09-22-00120-CV, Categories: construction, Property, contract
J. Kelly finds that the trial court properly ruled against a construction company owner in a fraud case he filed against a trust that owned property he was contracted to renovate. When one of the members of the trust failed to pay the contractor for his services, he sued alleging various claims and was awarded a judgment against a single member of the trust, not the trust itself. The evidence shows that the single member of the trust that the contractor secured a judgment against acted alone in their actions and did not implicate the trust as a liable party. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: March 7, 2024, Case #: 03-22-00441-CV, Categories: construction, Trusts, contract
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J. Dorrian finds the lower court properly granted the state of Ohio's motion to dismiss the construction company's interference with a contract claim. Although the company's income fell significantly after certain projects were diverted to another agency within the state, the agencies assigning and completing the work are both arms of the state and, therefore, the company could not satisfy the outside party requirement of the claim. However, because evidence in the record shows the state agencies misled individuals about whether certain projects were covered by the construction company's services contract with the state, it has stated a viable contract claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 7, 2024, Case #: 2024-Ohio-824, Categories: construction, Government, Interference With contract
J. Gaertner finds that the lower court improperly denied the construction contractor's motion to compel arbitration of a contract dispute with its concrete supplier. The parties' contract vests exclusive determination of arbitrability with the arbitrator and the Federal Arbitration Act preempts the Missouri Uniform Arbitration Act. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: February 27, 2024, Case #: ED111680, Categories: Arbitration, construction, contract
J. Abramson finds the county court improperly dismissed the construction company's counterclaim. The capital group brought a breach of contract action after the company allegedly failed to make payments outlined in the contract for future receivables. The construction company argues the contract qualifies as a security, and the county court failed to consider all relevant factors as to whether the contract is subject to the Arkansas Securities Act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 21, 2024, Case #: CV-22-100, Categories: construction, Securities, contract
J. Warner finds that the trial court improperly dismissed breach of contract claims a contractor brought against a window and door installation company because the contract, which was not attached to the complaint, failed to compel dismissal of the allegations. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 21, 2024, Case #: 4D2022-2603, Categories: construction, contract
J. Delaney finds the trial court properly denied the construction company's motion for judgment notwithstanding the verdict after the jury ruled in favor of the salon owner on its counterclaim for civil theft. Evidence in the record clearly established the construction company forged a receipt for one of the payments made by the salon, while the damages for the theft claim were also separate from those made in the contract counterclaim, which allowed both to be submitted to the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: February 20, 2024, Case #: 2024-Ohio-634, Categories: construction, Damages, contract
J. Hurd enters default judgment against an electrical subcontractor, finding it liable for violations under New York Lien law in the amount of $920,000 stemming from its unfinished work on a solar electricity construction project. The litigant, a general contractor, alleged the subcontractor walked off the project prior to completing its work and then demanded an additional sum to resume. However, the court sets aside default judgment against the subcontractor’s owner, finding his absence was not willful, his defenses to the claims are meritorious and the order will not prejudice the litigant.c
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 20, 2024, Case #: 1:23cv771, NOS: Other Contract - Contract, Categories: construction, contract
J. Saylor denies a subcontractor’s motion for summary judgment against a contractor that allegedly failed to pay it fully for its work. The contractor may have fabricated its desire to be provided as-built drawings, as the contract between the parties stipulated — rather than having the drawings given directly to its surety — as a way to avoid having to pay the subcontractor because the contractor’s president felt denigrated by the subcontractor's president. But there is not proof of this that could support summary judgment at this time.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 16, 2024, Case #: 1:22cv10238, NOS: Other Statutory Actions - Other Suits, Categories: construction, contract, Labor
J. Murphy finds the trial court improperly found the land surveyor breached a contract with the owner. The owner, who uses his land as a hunting club, sought the surveyor's services for a cabin construction project, then brought suit against the surveyor alleging he was inadvertently paid an inflated sum for work that was not performed. A preponderance of the evidence establishes the agreed work was something other than what the owner meant to have done. There is no evidence of a specific promise that was breached. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 14, 2024, Case #: CV-22-554, Categories: construction, Property, contract
Per curiam, the appellate division finds that the lower court properly denied the contractor's motion for summary judgment in a dispute over a $195 million contract to build a garage. The contractor cannot conclusively show the city was responsible for 2 years of delay on the project because the record indicates the delays occurred because of subcontractors and other third parties working on the project. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 13, 2024, Case #: 00736, Categories: construction, contract
J. Wray finds the lower court erroneously granted the insurers' motion for summary judgment because the construction company's failure to provide notice of a potential claim is outweighed by the insurers' duty to defend under the parties' insurance policies. Therefore, the issues of fact surrounding the insurers' potential breach of their duty to defend must be resolved on remand before any analysis on the issue of notice. Reversed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: February 12, 2024, Case #: A-1-CA-39929, Categories: construction, Insurance, contract
Per curiam, the appellate division finds that the lower court improperly denied a masonry subcontractor's motion to dismiss claims against it stemming from some restoration work. The subcontractor is entitled to judgment on the breach of contract and warranty claims by showing it fulfilled its limited obligation to perform the masonry repairs as it was instructed. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 8, 2024, Case #: 00677, Categories: construction, contract
J. Greer finds that a community college must pay a principal contractor retainage in a payment dispute over a renovation project because the college obtained the necessary bond to cover subcontractor claims and was statutorily required to release the full amount of the bond to the contractor. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 22-2098, Categories: construction, contract
J. Prouty denies the contractor's appeal alleging unstable site conditions of a bank of a drainage canal on which it was contracted by the Army Corp of Engineers to complete an armoring project. Though the contractor says the government mischaracterized the conditions, contractual specifications, though not alerting the contractor to the problems encountered, were not affirmatively misleading, as none of the work was located at or near the area where the problems arose.
Court: Armed Services Board Of Contract Appeals, Judge: Prouty , Filed On: February 2, 2024, Case #: 62257, Categories: construction, Government, contract
J. Day denies a water solution company's motion to intervene in a construction company's claims seeking reimbursement for allegedly defective tanks built at an anaerobic digestion and biogas production facility. The water company's legally protectable interest in confidential discovery information was more substantial than that of other non-parties, but that the company had been denied such information in related state litigation did not give the company the right to "obtain here what would otherwise be inaccessible to it."
Court: USDC New Jersey, Judge: Day, Filed On: February 1, 2024, Case #: 3:22cv4905, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: construction, Discovery, contract
J. Miller finds the trial court properly awarded final judgment and damages to the subcontractor in its dispute over payment for work it did for the contractor at a country club's golf course. Although other evidence in the record could arguably support the contractor's argument that the subcontractor contributed to the failure of lining it installed in an irrigation lake on the golf course, the trial court's findings are all supported by substantial and competent evidence, so the trial court is affirmed under the applicable limited scope of review. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: January 31, 2024, Case #: 22-0699, Categories: construction, contract
J. Mclish denies both the Navy's and the contractor's motions for summary judgment. Bilateral changes were made to the parties' contract, including various construction projects at the Philadelphia Naval Business Center. The contractor submitted a claim for $1.3 million for delays. The Navy has not established that any of its terms bar the contractor's claims, as the claims do not relate to the specific subject matters addressed by the modifications. The modifications are also ambiguous as to whether the parties intended them to cover the subject matter of the delay claims.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish , Filed On: January 25, 2024, Case #: 63240, Categories: construction, Government, contract
J. Buller finds that the lower court properly found for a tiling company after a tenant refused to pay for drainage tile work performed on a farm because the tenant waived claims seeking summary judgment by failing to order a necessary transcript, and an expert witness testified that the work had been well executed and had produced improved crop yields. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1459, Categories: construction, contract
J. Bradford finds that the trial court improperly ruled in breach of contract claims because monetary awards for breach of a construction project contract may have been valid, but two mechanic's liens were not. Meanwhile, the court improperly included the value of unused materials in the amount of a separate mechanic's lien, and the property owner should not have been ordered to pay prejudgment interest to the construction company. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: January 19, 2024, Case #: 22A-PL-1968, Categories: construction, Damages, 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
[Consolidated] J. Bokor finds the trial court partially erred in its decision against the condo developer in a dispute from a management company alleging the developer failed to complete construction of five condo units by the end of 2017, which the developer claims was delayed in part due to hurricanes. The trial court properly rejected fraud claims against the developer, but it wrongfully found the developer breached its contract because the agreement between the developer and the company did not explicitly state a "date certain" for the units to be constructed or put in any other such time constraints. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 17, 2024, Case #: 21-1365, Categories: construction, contract