191 results for 'cat:"Construction" AND cat:"Contract"'.
J. Fitzgerald finds that the trial court properly found in favor of the homeowners against the construction company for installing defective roof panels, which created shadowing from an irregular corrugation pattern and gave their home a striped, zebra-like look. The construction company claims that the trial court erred when it did not determine whether the alleged defect rendered the entire thing useless or if the defect just diminished the usefulness and value of the thing, but the applicable law did not require the trial court to make such a determination to render its judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: May 8, 2024, Case #: CA-23-668, Categories: construction, contract
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
J. Marcel finds that a public works bid was properly awarded to a construction company for the school board's project. In this case, the check included by the construction company with its bid submission is a cashier’s check and was submitted both electronically as part of its bid and physically delivered to the school board. A cashier's check is a check drawn by a bank upon itself and is considered accepted by the bank upon issuance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel , Filed On: May 1, 2024, Case #: 24-C-183, Categories: construction, contract
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J. Molaison finds that the trial court properly found for a supply company on a worker's negligence claim that a shifting pipe fell on his foot during a
hydro pressure test at the pump station. The worker alleged that the supply company was responsible for ordering necessary “Star Pipe connections” but did not allege a product defect, only that the construction used incorrect parts. The supply company's undisputed role consisted of identifying parts for the project at issue from the project designer and did not supervise or install the pipe. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 24, 2024, Case #: 23-CA-424, Categories: construction, Negligence, contract
J. Gladwin dismisses the farm’s appeal of the circuit court’s denial of its petition to discharge the excavator’s lien. The excavator filed the lien for $671,000 for nonpayment after the farm sold its property during a construction project it contracted for with the excavator. The excavator gave proper notice and the court correctly denied discharge of the lien, retaining jurisdiction. The farm filed a notice of interlocutory appeal and a motion to reconsider on the same day. The circuit court did not issue a ruling on the motion to reconsider. The appeals court has no jurisdiction for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 24, 2024, Case #: CV-22-608, Categories: construction, Jurisdiction, contract
J. Robb finds the trial court erroneously granted the homebuilder's motion for summary judgment on the contract claim filed by the homeowners related to the parties' construction contract. It failed to conduct an analysis of the owners' argument the builder was not entitled to further draws on their loan because it failed to complete certain trim work required under the agreement. Therefore, the case must be remanded to allow for a factual analysis to determine if the builder breached the construction contract, which would have allowed the owners to withhold payment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: April 17, 2024, Case #: 2024-Ohio-1464, Categories: construction, Consumer Law, contract
J. Sippel finds for the subcontractor in a contract dispute with a general contractor seeking to recover costs after it terminated the subcontractor from a construction project. The general contractor is not entitled to recover any excess costs under the contract because it did not provide written notice to the subcontractor of why it was being kicked off the project as required by the contract.
Court: USDC Eastern District of Missouri, Judge: Sippel, Filed On: April 11, 2024, Case #: 4:22cv1105, NOS: Other Contract - Contract, Categories: construction, contract
J. Robinson denies a roof contractor's motion for preliminary injunction concerning tortious interference claims against a business rival. The business rival, who won the contract for a drinking reservoir project, sufficiently showed in court that it did not mislead the city with its qualification package and submitted bids.
Court: USDC Kansas, Judge: Robinson, Filed On: April 9, 2024, Case #: 2:23cv2339, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: construction, contract, Injunction
J. Wozniak finds the trial court properly granted summary judgment in favor of a salesman in this breach of contract claim for unpaid sales commissions against a construction company. The company agreed to pay sales commission to the salesman while he was employed, but when he left his position they argued he was an unlicensed contractor and said the contract was unenforceable. The salesman sold the roofing services under the licensed company. Therefore, he did not engage in any unlawful activity and neither a “contractor” nor engaged in “contracting.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 3, 2024, Case #: 6D23-810, Categories: construction, Licensing, contract
J. Mahan grants the insurer's motion for summary judgment. The assignee insurance company representing the construction company says the insurer breached the parties' contract when it denied coverage for two construction projects that sustained roof damage due to mold. The assignee failed to obtain the insurer's consent before incurring remediation costs; therefore, because the remediation costs were incurred involuntarily and without the insurer's consent, denial of coverage was appropriate.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv1382, NOS: Insurance - Contract, Categories: construction, Insurance, contract
J. Abramson finds the county court improperly denied the home builder's motion to dismiss. The home purchaser filed suit, claiming the builder defaulted on the parties' contract to purchase land and build a home. The court failed to make a finding as to whether a valid arbitration agreement existed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 27, 2024, Case #: CV-23-230, Categories: Arbitration, construction, contract
J. Wynn finds the lower court improperly granted summary judgment to the contractor on fraud claims. A couple and a contractor agreed to the sale and renovation of a home. The contractor told the couple that all subcontractors would be licensed before they signed the agreement. Despite Virginia law not requiring that subcontractors working under a licensed contractor hold their licenses, the couple would not have agreed to the sale if they knew they would be unlicensed. Vacated.
Court: 4th Circuit, Judge: Wynn, Filed On: March 27, 2024, Case #: 22-2265, Categories: construction, Fraud, contract
[Consolidated.] J. Oden Johnson finds that the lower court properly awarded the marble contractor $3 million in attorney fees in a long-running construction contract dispute. The contractor succeeded on appeal in reinstating its claims against a general contractor, and limiting that contractor's verdict to a small fraction of its requested damages. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221319, Categories: construction, Attorney Fees, contract
J. Griffin finds that an architect and contract administrator do not have a duty to protect an employee of a subcontractor from injury under the parties' construction contract. Under the clear and unambiguous language of the General Conditions and Design Agreement, the architect's “undertaking of periodic visits and observations by [Architect] or his associates shall not be construed as supervision of actual construction,” and the architect "will not be responsible for nor control the construction means, methods, safety precautions and programs.” Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: March 22, 2024, Case #: 2023-C-00928, Categories: construction, Negligence, contract
J. Mitchell finds the trial court improperly ruled when finding a builder in breach of contract, as alleged by the city, when a project developer went bankrupt and the bank failed to finish the roads for the subdivision. The builder should not have been held responsible for the bank's contractual breach. Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0612, Categories: Bankruptcy, construction, contract
J. Dysart finds that the trial court properly found for a homeowner on her contract claim that a contractor failed to properly repair her home after tornado damage. The parties' contract states, "Contractor shall supervise and direct the Work and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the Home Renovation Project in compliance with the Contract Documents." Further, the contractor abandoned the contract when it endorsed the check from the homeowner's mortgage company to a subcontractor and turned the project over to the subcontractor without the homeowner's consent. Also, the record shows that a check for part of the homeowner's insurance proceeds was never returned to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: March 21, 2024, Case #: 2023-CA-0296, Categories: construction, contract
J. Young denies the tenant's motion to dismiss the breach of contract claims. The tenant, leasing a warehouse, hired a company to repave the floor. The pavement company cut corners and produced a floor full of cracks. The contract claims can proceed because the landlords showed that any alterations to the property required preapproval.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 21, 2024, Case #: 3:23cv479, NOS: Other Contract - Contract, Categories: construction, Landlord Tenant, contract
J. Navarro grants the subcontractor's motion for partial summary judgment. The construction company alleges the subcontractor abandoned its contract to construct a temporary phasing facility for the company's renovation of the Air Force base hospital, requiring it to add a second phasing facility. The company's use of the second facility was not reasonably contemplated by the parties at the time of the contract. The use of the second facility does not reasonably arise from the breach itself, as it deviated from what the subcontractor was obligated to provide.
Court: USDC Nevada, Judge: Navarro , Filed On: March 21, 2024, Case #: 2:20cv790, NOS: Miller Act - Contract, Categories: construction, contract
J. Rowland partially grants both a commuter rail service’s and a construction company’s motions for summary judgment on damage claims. This case is a contract dispute between the parties over a rail replacement project that the commuter rail paid the construction company to undertake. The construction company finished the project long after its contractual deadline, but it alleges that the delay was partly the commuter rail service’s own fault. The court will allow the commuter rail service to seek damages for structural steel storage, crosshole sonic logging testing, field office credit, additional review and subcontractor mechanic liens. The construction company can pursue damages for late payments plus interest.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: March 20, 2024, Case #: 1:20cv2901, NOS: Other Contract - Contract, Categories: construction, Damages, 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