184 results for 'cat:"Construction" AND cat:"Contract"'.
J. Garcia denies, in part, the automated emulsion equipment manufacturer's motion to dismiss counterclaims filed by the client, ruling the contract claim has merit based on its failure to deliver all of the equipment specified in the parties' amended purchase agreement. Additionally, the breach of good faith and fair dealing claim will proceed based on evidence the manufacturer repeatedly claimed it had completed all of the installation work specified in the contract even though it knew those statements were false.
Court: USDC New Mexico, Judge: Garcia, Filed On: November 22, 2023, Case #: 1:21cv1212, NOS: Other Contract - Contract, Categories: construction, Fraud, contract
J. Horton, in this interlocutory appeal, finds the trial court improperly denied the homebuilder's motion to arbitrate the homeowner's claims of breach of implied warranty of workmanship. The homeowner purchased the home from the original owner who bought it from the builder, and did not sign the arbitration agreement. Under the doctrine of direct benefits estoppel, the agreement is valid and enforceable against the second owner. All claims against the builder fall withing the scope of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 16, 2023, Case #: 09-21-00354-CV, Categories: Arbitration, construction, contract
J. Johnson denies, in part, the general contractor's motion to dismiss, ruling while it did not breach the services contract with the subcontractor when it altered the scope of work on a bridge construction project, its decision to dismiss pass-through claims with the New Mexico Department of Transportation related to the alterations presents a viable contract claim for the subcontractor, who was unable to seek reimbursement from the DOT for cost increases.
Court: USDC New Mexico, Judge: Johnson, Filed On: November 16, 2023, Case #: 1:23cv188, NOS: Other Contract - Contract, Categories: construction, contract
J. Barrett finds the trial court properly granted the homeowner's motion to strike a contractor's untimely answers, entering default judgment in favor of the homeowners. Though Sunday service of process is not allowed in most circumstances, in this case it was the only viable alternative and was properly made. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: November 15, 2023, Case #: CV-22-86, Categories: construction, Due Process, contract
J. Thompson finds that the trial court properly found for a contractor on the city's claims for a refund of money paid for the revision of a sports complex construction project so it could be timely completed for an event. In this case, the parties' contract is unambiguous that a change order shall constitute a final settlement, and that the costs for the change order would cost the city $1.7 million. The city signed the contract based on a business decision to have completed baseball fields in time for the Dixie League World Series and did not follow remedies to address the claim that the change order was necessary for the contractor's defective workmanship. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: November 15, 2023, Case #: 55,328-CA, Categories: construction, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the appellate division finds that the lower court properly ruled for a masonry subcontractor in a breach of contract suit against the general contractor on a project to restore a public school. While the contract permitted the general contractor to delete or modify the scope of the subcontractor's work, a third addendum was so extensive as to alter the essential identity of the contract and was therefore an abandonment of the subcontract. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 14, 2023, Case #: 05703, Categories: construction, contract
J. Adams finds the lower court improperly denied a builder's request to vacate the lower court’s default judgment against it in this breach of contract matter. The builder argues the lower court improperly denied its motion to set aside the default judgment, as the builder answered, and the investment group it contracted with failed to provide the court with proof of its claims against the builder. Evidence is insufficient to support the lower court’s post-answer default judgment, and the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: November 9, 2023, Case #: 01-22-00343-CV, Categories: construction, Evidence, contract
J. Grover finds that a contractor was not required to present its claim to a city before filing suit because the claim was for declaratory judgment about the parties' rights and duties, and not a complaint for money or damages subject to the Government Claims Act. Reversed.
Court: California Courts Of Appeal, Judge: Grover, Filed On: November 3, 2023, Case #: H050157, Categories: construction, contract
J. Logan rules a development company may pursue contract claims against a town concerning the construction of a community center, ice rink, and a college prep establishment. The development company sufficiently showed in court that the town officials claims of failure to move forward are barred by the statute of limitations.
Court: USDC Arizona, Judge: Logan, Filed On: October 30, 2023, Case #: 2:21cv1216, NOS: Other Contract - Contract, Categories: construction, contract
[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. Wiseman finds the trial court improperly granted summary judgment to the contractor which claims the pipeline company did not pay over $180,000 on invoices for a water pipeline construction. Though the contractor says that the pipeline company was victim of an email phishing scam, which resulted in its sending money to a third party, the pipeline company says that it was the contractor who fell victim to the scam that broached both their email addresses. The issues cannot be resolved at summary judgment and the court must determine to what degree each party is responsible. Reversed and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman, Filed On: October 27, 2023, Case #: 119812, Categories: construction, Evidence, contract
J. Herman finds that the trial court should not have declined to award interest for the failure of the City of New Orleans to timely pay six invoices to a construction company. The city did not have reasonable cause to delay payment, and the delays were due to the city's internal problems and not due to the fault of the construction company. Further, since the city paid some of the prior invoices on time, it cannot attribute its delay in paying the subsequent invoices to its policy of processing invoices in order. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: October 25, 2023, Case #: 2023-CA-0193, Categories: construction, contract
J. Southwick finds the district court improperly dismissed this suit brought by the modular structures operator, alleging that the construction company misappropriated its trade secrets. Though the district court found that the operator had engaged in claim splitting between this federal suit and a state suit involving the same parties, the pleadings didn’t clarify the relationship between two of the defendants to the extent it could be said claim splitting occurred. The court must assess whether assertions about the relationship between the operator and the construction management company support that the two entities are in privity. Reversed and remanded.
Court: 5th Circuit, Judge: Southwick, Filed On: October 20, 2023, Case #: 22-50945, Categories: construction, Jurisdiction, 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. Cain, ruling after a one-day bench trial, orders the owner of a 148-unit apartment complex to pay a contractor $669,876 plus attorney fees for breach of contract related to “incrementally” staged repair work. Work on the complex was complicated by the absence of previous blueprints on the development, hurricane damage, termite damage, permitting issues and the owner’s decision to move water heaters and to convert from gas to electric. The award includes $26,762 in credits the property owner received for presenting competent evidence of leaks necessitating roof repairs.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: October 19, 2023, Case #: 2:22cv1083, NOS: Other Contract - Contract, Categories: construction, Evidence, contract
J. Gruber, in this interlocutory appeal, finds the county court improperly foreclosed the materialmen’s lien made against the subcontractor seeking payment for work performed on the construction of an ammonia plant. The plant owner could have obtained a survey or other means to identify encumbered property, which it did not. Neither its original materialmen’s lien nor its first amended lien was perfected, and the second amended lien was filed outside limitations. The court’s reference to “nonpayment of invoices” was not meant to establish a further cause of action. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 18, 2023, Case #: CV-20-692, Categories: construction, contract
J. Riley finds that the trial court properly ruled in contract and construction claims because evidence does not indicate the subcontract prohibited recoverable damages for construction delays, and the work implicated in unjust enrichment claims had not been part of the relevant agreement. In addition, evidence does not indicate plaintiff attempted to hold defendant liable for the contractor's obligations. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: October 16, 2023, Case #: 23A-PL-633, Categories: construction, Damages, contract
J. Wolfe finds that the trial court properly awarded the property owner damages of $86,550 in a suit against a contractor over defective work on a project to elevate her home in connection with a federal flood mitigation program. There was no error in the admission of an expert's testimony as to property damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: October 10, 2023, Case #: 2023CA0058, Categories: construction, Experts, contract
J. Johnson finds that the trial court properly sustained the peremptory exception of peremption and dismissed the homeowner's claim against a construction company for not properly elevating her home. In this case, the homeowner did not accept the work performed, but did not file her action within five years after moving back into the home in 2013. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 22-CA-585, Categories: construction, contract
J. Doughty denies summary judgment to a Kentucky-based air conditioning contractor, finding a petroleum products company in southwest Louisiana has “submitted evidence of contradictory facts,” regarding the contractor’s claim for the unpaid amount of $131,778 from construction of industrial cooling towers built at a total cost exceeding $3.8 million dollars. The contractor’s additional claims for bad-faith attorney fees cannot be resolved because summary judgment for its breach of contract claim will be denied.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: September 29, 2023, Case #: 2:21cv3708, NOS: Other Contract - Contract, Categories: construction, Attorney Fees, contract
J. Lamberth finds for a bridgebuilding group on its contract claim against an insurer, which had denied coverage for expenses the group incurred replacing portions of a bridge's support system, which was defective. Although the bridge structures had to be redone due to the group's workmanship in the initial build, the insurer fails to show the damage at issue is not covered by the policy, or that an exclusion applies.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: September 29, 2023, Case #: 1:21cv1436, NOS: Insurance - Contract, Categories: construction, Insurance, contract