28 results for 'cat:"Civil Procedure" AND cat:"Construction"'.
J. Smith finds the lower court properly dismissed the contract claim filed by the general contractor against the masonry company. Any defects in fireplaces should have been discovered when the homes were finished in 2016, which means the 2021 claim was barred by Mississippi's three-year statute of limitations. However, because the first fire did not occur until 2018, the negligence claims were not barred by the same statute of limitations and will be reinstated upon remand. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 7, 2024, Case #: 2022-CA-938, Categories: civil Procedure, construction, Contract
Per curiam, the appellate division finds that the lower court improperly granted the man's motion for leave to file a late notice of claim against the city in a construction injury suit. The man's assertion that he did not learn the seriousness of his shoulder injury until months after the accident is not a reasonable excuse for his delay in serving a notice of claim, given that he filed a workers' compensation claim just weeks after the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01998, Categories: civil Procedure, construction, Tort
J. Hazelrigg finds that the lower court properly revised an order that found a construction company owed $228,000 to a court-appointed receiver under a receivership statute. The revisions made by the lower court were not an abuse of discretion and furthered the general goals of the receivership statute, which in this case is to fairly distribute estate property to creditors. Affirmed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: March 25, 2024, Case #: 85105-5-I, Categories: civil Procedure, construction
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
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
J. Larsen finds the lower court properly granted the subcontractor's motion for summary judgment on the indemnity lawsuit brought by the pool construction company. Claims related to the subcontractor's failure to install a certain part were barred by Tennessee's statute of repose, which requires construction suits to be filed within four years of the accrual of damages. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: January 2, 2024, Case #: 22-6019, Categories: civil Procedure, construction
Per curiam, the appellate division finds that the trial court improperly compelled the board of directors for the public benefit corporation to present a proposal for a bid to work on a development project. The petition was untimely since the developer demanded that the board consider the incentive proposal more than four months after completing the project.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01665, Categories: civil Procedure, construction
[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. Love finds that the trial court properly granted the Port of New Orleans' exception of prematurity and dismissed a group's petition to stop the construction of an international shipping container project. In this case, no construction work has begun on the project, and the project has not undergone the permitting process to receive authorization to begin construction. Further, the trial court clearly stated that the group must exhaust all necessary administrative remedies until the project receives authority from the necessary administrative agencies. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: October 26, 2023, Case #: 2023-CA-0323, Categories: civil Procedure, construction, Environment
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. Holdridge finds that the trial court properly ruled in favor of the general contractor and dismissed the claims relating to a subcontractor's damaged crane that was used in a demolition project. Because the general contractor did not control how the crane workers performed their jobs, it could not be held liable for the accident that damaged the crane. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: August 29, 2023, Case #: 2022CA0892, Categories: civil Procedure, construction, Negligence
J. Byrne finds the lower court erroneously granted the developers' motion for summary judgment on all of the homeowner's trespass and negligence claims. An affidavit submitted by his expert witness about the movement of dirt contributing to water intrusion issues at the property was sufficient to support at least some of the claims. Although the court correctly ruled the claims related to the initial construction of the development were barred either by the statute of limitations or the statute of repose, the movement of the dirt occurred within four years of the lawsuit and, therefore, is not time-barred. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: July 17, 2023, Case #: 2023-Ohio-2439, Categories: civil Procedure, construction, Real Estate
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