6 results for 'cat:"Construction" AND cat:"Jurisdiction" AND cat:"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. Connor finds the lower court properly dismissed a homeowners’ association’s breach of contract claim. The property owners planned to build a home and believed the property was overseen by the homeowners’ association. After the homeowners’ association’s architectural committee denied their building plans, an attorney was consulted and found the subject property was not governed by any homeowners’ association. The homeowners’ association argued the property is subject to the restrictive covenants of the homeowners' association, and the owners were in breach of contract by failing to obtain their approval for construction. The owners argued the homeowners’ association had no standing as it held no authority over their property, and the lower court agreed; as such, the lower court properly dismissed the claim for lack of subject-matter jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Connor, Filed On: November 22, 2023, Case #: 3-22-00321-CV, Categories: construction, jurisdiction, contract
J. Southwick finds the district court improperly dismissed this suit brought by the modular structures operator, alleging that the construction company misappropriated its trade secrets. Though the district court found that the operator had engaged in claim splitting between this federal suit and a state suit involving the same parties, the pleadings didn’t clarify the relationship between two of the defendants to the extent it could be said claim splitting occurred. The court must assess whether assertions about the relationship between the operator and the construction management company support that the two entities are in privity. Reversed and remanded.
Court: 5th Circuit, Judge: Southwick, Filed On: October 20, 2023, Case #: 22-50945, Categories: construction, jurisdiction, contract
J. Barker denies the construction company's motion to dismiss, ruling that even if the court takes the owner at her word and assumes she was not served, her continued and active participation in this lawsuit over the past 18 months waives any failure of service argument and gives this court jurisdiction over the bond owner's claims.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 26, 2023, Case #: 1:21cv593, NOS: Other Contract - Contract, Categories: construction, jurisdiction, contract
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