184 results for 'cat:"Construction" AND cat:"Contract"'.
J. Papik finds the trial court improperly granted the residential development group's motion for directed verdict in this suit brought by the accountant who was not paid for services. The court found the oral agreement unenforceable, falling within a statute of frauds provision requiring agreements “not to be performed within one year” to be in writing. That the development was a “long-term project" does not demonstrate that the developer could not perform its obligations within the first year. A reasonable jury could find that the parties formed an enforceable contract when the developer promised to pay $1,000 from every closing. Such a contract would not be covered by the administrative rule relied upon by the developer. No other challenge is raised. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: July 14, 2023, Case #: S-22-622, Categories: construction, contract
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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
J. Stuart- Smith finds a lower court properly dismissed a resident's challenge of a grant of planning permission to a local borough. The resident argued that the grant of planning permission to redevelop land involved the wrongful felling of four mature trees, in violation of the original application. However, the local borough presented sufficient evidence in court that it amended its plan to go forward with construction without taking down "trees of significant amenity" or "ecological/ habitat conservation value." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: July 11, 2023, Case #: CA-2022-2463, Categories: construction, Government, contract
J. Rubin grants a construction firm’s motion for summary judgment following its allegations of breach of contract with its subcontractor, which filed a counterclaim for the same reason. The two had an agreement while working on construction of a FedEx facility, and previously a dispute was settled as to the balance owed by the firm to the subcontractor, but the subcontractor claimed the firm did not fulfill all of it obligations. However, the subcontract continued to be in effect after the settlement was reached and obligates the subcontractor to complete work before the firm is obligated to pay its balance.
Court: USDC Maryland, Judge: Rubin, Filed On: July 11, 2023, Case #: 1:20cv3783, NOS: Other Contract - Contract, Categories: construction, Settlements, contract
J. Gwin finds that even if the trial court erroneously allowed the expert witness to testify about damage done to the home by the contractor without the submission of his expert report prior to trial, the error was harmless. The contractor and his attorney were aware of the testimony prior to trial and were able to cross-examine the witness. Meanwhile, the expert's history of working on thousands of construction jobs and owning two construction companies was sufficient for the court to certify him as an expert witness, while his thorough inspection of the property prior to trial rendered his testimony reliable and admissible. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: July 6, 2023, Case #: 2023-Ohio-2317, Categories: construction, Experts, contract
J. Dooley grants the city's motion for summary judgment in a discrimination case, ruling that even if the project coordinator's decision to terminate the Asian Pacific American-owned company from the engineering portions of a construction project was based on their ethnicity, which is not supported by the record, the city had no policy in place regarding that sort of discrimination and the coordinator was not a policymaker that could render the city liable for his actions.
Court: USDC Connecticut, Judge: Dooley, Filed On: July 5, 2023, Case #: 3:21cv616, NOS: Employment - Civil Rights, Categories: construction, Equal Protection, contract
J. Cote finds the city of Hamilton, Bermuda liable for breach of an escrow agreement with the Mexican financier of a Bermudan construction project, for which New York Mellon served as the escrow agent and is not liable. The project failed when a nonparty misappropriated funds from the financier's bridge loan and absconded. The city's authorization of the disbursement of funds before the final drawdown was finalized breached its obligations to the financier.
Court: USDC Southern District of New York, Judge: Cote, Filed On: July 5, 2023, Case #: 1:17cv6424, NOS: Other Contract - Contract, Categories: construction, Banking / Lending, contract
J. Hicks dismisses a demolition subcontractor's fraud counterclaim regarding a general contractor's breach of contract allegations for delayed progress. The subcontractor failed to plead sufficient facts to establish required elements of a fraud by silence or omission claim. The subcontract did not create any fiduciary duty in what "was a customary arm’s length business transaction." The subcontract specifically stated that the information provided was not guaranteed to be accurate, therefore the subcontractor's fraud by silence or omission claim, alleging that the general contractor should have known the actual conditions of "lead contaminated non-friable asbestos material," fails.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: July 5, 2023, Case #: 5:20cv471, NOS: Other Contract - Contract, Categories: construction, Fraud, contract
J. Stacy finds the trial court properly entered judgment in favor of the contractor in this suit arising from a residential construction project regarding which contractual specifications and dollar amounts changed, resulting in a cessation of work and the contractor's seeking of payment for work completed. During a conference to get a ruling on proposed exhibit admissibility, the property owner requested “some direction from the court before the jury comes in”, which was effectively an oral motion in limine. A ruling on a motion in limine is not a final ruling, the question of admissibility being the basis of the owner's appeal. The non-final ruling does not present a question for review. Because the contractor successfully foreclosed on its lien, nothing establishes wrongful deprivation to support an award of attorney fees. Affirmed in part.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: June 30, 2023, Case #: S-22-377, Categories: construction, Evidence, contract
J. Bell finds the trial court properly awarded attorney fees to the builder in its pursuit of a deficiency order against the engineer in the underlying foreclosure proceeding. The builder timely sought deficiency orders, which were final appealable orders made after judgment, also subject to vacation. The engineer triggered the statutory process to vacate these orders. When the appellate court vacated the orders and remanded the matter, the orders no longer had any force or effect, and the case was opened up for further proceedings. On remand, the trial court supplanted the vacated orders with a later deficiency order. Therefore, the later order stands as the post-foreclosure judicial determination of the deficiency amount. As the prevailing party, the builder is entitled to attorney fees. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Bell , Filed On: June 30, 2023, Case #: 119715, Categories: construction, contract
J. Hicks denies summary judgment to a subcontractor, refusing to dismiss a contractor’s damages claims, arising from the subcontractor’s filing of a $388,587 property lien against the project owner regarding a dispute over the removal of asbestos from the demolition of a battery manufacturing plant. The ruling seeks additional argument regarding the causes of the subcontractor’s claims relating to the lien and whether the dispute could be resolved separately from any trial, possibly in an evidentiary hearing or after a trial record is made.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: June 29, 2023, Case #: 5:20cv471, NOS: Other Contract - Contract, Categories: construction, Evidence, contract
Per curiam, the Louisiana high court remands the matter to the district court to reconsider an injured construction worker's exceptions including the exception of no cause of action, in light of Moreno, regarding third party demand claims against the defendant construction company and the defendant university where the renovations were taking place. In this case, the plumber does not allege that the third party, as a general contractor, is liable to him outside of the third party's negligence or fault.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: June 27, 2023, Case #: 2022-C-01715, Categories: construction, contract
J. Parker finds that the lower court properly entered judgment for the appellee builder in this suit alleging breach of a construction contract. The individual appellant argues that he should not be personally liable for the alleged outstanding balance, but the record sufficiently shows that he "acted in his individual capacity" in authorizing the work. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 27, 2023, Case #: 07-22-00247-CV, Categories: construction, contract
J. Lewison finds a lower court properly dismissed a historic building advocate's challenge to a local borough council's plans to demolish an old school. The advocate argued that the building was deemed safe and habitable. However, the local borough presented sufficient evidence in court that, even though the structure is safe, the school would benefit from demolition and development rights. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 23, 2023, Case #: CA-2022-2401, Categories: construction, contract
Per curiam, the appellate division finds that the trial court improperly awarded money judgment in claims seeking payment for work an electrical subcontractor performed on a renovation project because the subcontractor failed to demonstrate it properly calculated damages or that damages should be calculated as the difference between the bid estimate and actual labor costs.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-01470, Categories: construction, Damages, contract
J. Nugee finds a lower court improperly denied a civilian's retrospective extension of time of service concerning his application for a claim form. The lower court ruled that the civilian was not entitled to a retrospective extension for time of service. However, the civilian presented sufficient evidence in court that he paid for and obtained the claim form in a timely fashion, and that the court office waited seven months before sending it to him. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: June 6, 2023, Case #: CA-2022-1722, Categories: construction, contract
J. Baldwin finds the trial court properly found in favor of the contractor on its breach of contract claim because testimony from the homeowners' wife indicated the couple refused to let work crews into the home after the completion date listed on the contract, which prevented the contractor from finishing work or correcting any errors. Furthermore, the trial court properly dismissed the homeowners' counterclaim, as payments from the Department of Veteran's Affairs were made only after inspections during the first portion of the project, which shows the work was done in a competent manner. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 6, 2023, Case #: 2023-Ohio-1867, Categories: construction, contract
J. Taranto finds that the board of contract appeals improperly ruled for the construction company in a dispute over a contract to perform work in Yellowstone National Park because the board did not rely on facts in the record. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: June 6, 2023, Case #: 2021-1837, Categories: construction, contract
J. Milazzo grants summary judgment to a Louisiana customer of a Texas limited liability company on its breach of contract claims, after it performed water mitigation services at his home after Hurricane Ida. Because the work done was that of a contractor, and the Texas company did not have a Louisiana contractor’s license, the contract violates Louisiana law. Without a valid contract, the Texas company’s breach of contract claim must fail.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 5, 2023, Case #: 2:22cv1948, NOS: Other Contract - Contract, Categories: construction, Damages, contract
J. Summerhays grants dueling discovery requests by a contractor and subcontractor, stemming from a contract dispute for various construction projects and services at a U.S. Army testing site for weapons systems and military equipment. Both contractors have failed to respond to the other’s requests and must supplement their responses, pursuant to a detailed order. Neither side is awarded attorney fees or costs.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: May 31, 2023, Case #: 2:22cv959, NOS: Other Contract - Contract, Categories: construction, Military, contract
J. Arterburn finds the district court properly granted summary judgment to the contractor in this negligence/injury suit brought by an employee hired to complete framing on a house. The contractor required the construction company to provide proof of workers’ compensation insurance. The employee was covered and has been compensated according to a settlement with the construction company. The contractor was not required to carry workers’ compensation insurance to be exempt from peculiar risk liability. The cited rule from relevant case law prohibits the contractor from being held liable as a matter of law. No exceptions apply. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-722, Categories: construction, contract, Workers' Compensation
Per curiam, the appellate division finds that the lower court properly denied the city's motion to dismiss contract claims stemming from alleged breach of the parties' construction agreements except as to claims for delay damage that arose after issuance of the certificates of substantial completion. The contractors failed to seek timely review of the certificates within 30 days of the determination to issue them. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02839, Categories: construction, contract
[Consolidated.] J. Woodrow denies the contractor’s appeals of the Air Force’s denial of compensation costs for a second tensile strength test on a design-build contract for the replacement of a bridge at Joint Base San Antonio, Texas. Due to the late arrival of a concrete truck and the resulting inconsistently cured foundation, a second foundation had to be poured after the destruction of the first. The Air Force properly put the contractor on notice of the need for a second tensile strength test when it commented on the designer’s recommendation, and the test was reasonable and necessary to ensure the bridge deck integrity. The signed final inspection is not equivalent to acceptance.
Court: Armed Services Board Of Contract Appeals, Judge: Woodrow, Filed On: May 25, 2023, Case #: 63353, Categories: construction, Government, contract