6 results for 'cat:"Construction" AND cat:"Evidence" AND cat:"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. 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. 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. 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
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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