9 results for 'cat:"Construction" AND cat:"Damages" AND cat:"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. 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. 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. Moeller finds that the trial court properly entered a default award in favor of homebuyers who sued a builder for construction defects and other causes. But the homebuyers did not plead a specific damages amount in their complaint and the trial court failed to support its award with sufficient evidence, so the builder's challenge to the amount may proceed. Vacated in part.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: November 28, 2023, Case #: 48954, Categories: construction, damages, contract
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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. Guidry, ruling on remand from the Fifth Circuit, grants summary judgment to two sued insurers and against a New Orleans hotel operator and its general contractor regarding the proper meaning of a phrase in an insurance policy. The insurers are correct: the applicable deductible for the hotel’s flood claim, calculated as 5% of the value of the renovation project at the time of the flood, with a minimum of $500,000, is $3,443,475. There are no genuine disputes of material fact as to this issue. The insurers are entitled to summary judgment .
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: September 14, 2023, Case #: 2:18cv1380, NOS: Other Contract - Contract, Categories: construction, damages, 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. 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