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Jessie and Rickey Castleberry appealed a circuit court order dismissing their claims against Angie's List, Inc., based on a forum-selection clause in a contract between Angie's List and the Castleberrys. The Castleberrys, who are father and son, became members of Angie's List in 2014. They claim that they used their membership with Angie's List to locate a contractor, Dream Baths of Alabama, LLC ("Dream Baths"), which the Castleberrys hired to renovate a bathroom in Jessie Castleberry's house to make it handicapped accessible. According to the Castleberrys, Dream Baths was not properly licensed and poorly performed the work it contracted to do. The Alabama Supreme Court found the Castleberrys simply pointed out in the argument section of their brief that, in addition to suing Angie's List, they also sued Dream Baths. They asserted that "[t]his action pertains not only to the agreement between the Castleberrys and Angie's List, but to improper work performed upon a home located in Montgomery County, Alabama by defendant Dream Baths." The Castleberrys provided no significant discussion of the specific claims against Dream Baths and Angie's List. To the Supreme Court, it appealred that the Castleberrys' claims against Angie's List and Dream Baths were based on different categories of wrongdoing that were only tangentially related. The trial court, therefore, did not err in enforcing the forum-selection clause simply because the Castleberrys also sued Dream Baths. View "Castleberry v. Angie's List, Inc." on Justia Law

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The Supreme Court affirmed the judgment of the postconviction court summarily denying Appellant's claims for ineffective assistance of trial and appellate counsel without holding an evidentiary hearing, holding that Appellant's claims were barred by the relevant statute of limitations. Appellant was convicted of first-degree premeditated murder under an aiding-and-abetting theory of liability. The district court imposed a sentence of life without the possibility of release. Appellant later filed his postconviction petition requesting an evidentiary hearing on his claims for ineffective assistance of trial and appellate counsel and mentioning a motion for testing conducted under Minn. Stat. 590.01, subd. 1a. The postconviction court concluded that Appellant's claims were barred by the two-year statute of limitations, Minn. Stat. 590.01, subd. 4. The Supreme Court affirmed, holding (1) Appellant's claims were barred by the two-year statute of limitations; and (2) Appellant's reference to testing did not satisfy the requirements of subdivision 1a. View "Jackson v. State" on Justia Law

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Webcor, the general contractor for the rehabilitation of the California Memorial Football Stadium in Berkeley, hired ACCO to perform ventilation and plumbing services. Strouse, an ACCO employee, suffered a workplace injury when his leg fell into a 12-inch deep expansion joint after the plywood safety cover gave way. He sued Webcor for negligence. Webcor filed a cross-complaint against ACCO for indemnity. A jury found Webcor 100 percent liable for Strouse’s injuries. The court of appeal affirmed, upholding the trial court’s use of a jury instruction (CACI 1009B), which omits any language that a hirer “affirmatively contribute” to the plaintiff’s injury, and uses “substantial factor” causation in lieu of “affirmative contribution.” Counsels’ arguments properly directed the jury to determine whether Webcor affirmatively contributed to the injury and there was no indication of jury confusion. The court rejected an argument that the trial court erroneously instructed on negligence per se based on regulations promulgated under the California Occupational Safety and Health Act. The undisputed evidence established that Webcor affirmatively contributed to Strouse’s injuries, and the jury apportioned no fault to ACCO or Strouse, so the failure to instruct the jury regarding the precise language of “affirmative contribution,” even if erroneous, was harmless. View "Strouse v. Webcor Construction, L.P." on Justia Law

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The Eighth Circuit affirmed the district court's judgment against a subcontractor's surety (Fidelity), and in favor of the general contractor's surety (Liberty) for the full amount of Fidelity's performance bond. The appeal stemmed from a dispute over costs that resulted from contractor defaults in completing a federal government construction project. The court held that when Fidelity issued a performance bond for a subcontractor on a federal project, and its principal defaulted, the word "successor" in the performance bond included as obligee a surety operating under the Takeover Agreement with the federal government. The court agreed with the district court that the many subcontract changes in the Ratification Agreement cited by Fidelity did not as a matter of law, singly or in combination, so materially alter Electric's obligations under the Subcontract that Fidelity's performance bond was discharged. Finally, the court rejected Fidelity's argument that Liberty failed to meet conditions precedent. View "Liberty Mutual Insurance Co. v. International Fidelity Insurance Co." on Justia Law

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The Supreme Court affirmed the ruling of the district court holding that mechanic's liens arising from the provision of materials and labor to a lessee did not attach to the property of the lessor under the circumstances of this case and that a construction mortgage lien ultimately obtained by the owner of the land on the leasehold and property of the lessee had prior over the later-filed mechanic's liens, holding that the district court's judgment was without error. Specifically, the Court held (1) the legislature has reworked Iowa Code 572.2 to limit mechanic's liens to property belonging to a narrowly defined owner, and therefore, Denniston & Patridge Co. v. Romp, 56 N.W.2d 601 (Iowa 1953), and Stroh Corp. v. K&S Development Corp., 247 N.W.2d 750 (Iowa 1976), are no longer good law; (2) the priority of the after-acquired construction mortgage lien was not defeated by the doctrine of merger; and (3) there was no fraud under the circumstances presented. View "Winger Contracting Co. v. Cargill, Inc." on Justia Law

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In this case involving a claimant seeking to enforce a target lien bond by commencing a civil action pursuant to the mechanic's lien statute, Mass. Gen. Laws ch. 254, 14, the Supreme Judicial Court vacated the superior court's order allowing Defendant Arch Insurance Company's (Arch) summary judgment, holding that the lien statute contains no requirement that the claimant record an attested copy of the complaint in the registry of deeds. City Electric Supply Company (CES) supplied electrical materials for a construction project in Brookline and perfected a mechanic's lien on the Brookline property. Later, general contractor Tocci Building Corporation issued and recorded a target lien bond in the amount of the mechanic's lien CES had created. The target lien bond listed Arch as surety. CES then filed an action against Arch seeking to enforce the target lien bond. A superior court judge granted summary judgment for Arch, concluding that suit on a lien bond requires an attested copy of the complaint to be recorded. The Supreme Judicial Court reversed and remanded the case, holding that a party seeking to enforce a target lien bond need not record a copy of a complaint in the registry of deeds as a condition precedent to enforcing the bond. View "City Electric Supply Co. v. Arch Insurance Co." on Justia Law

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The Supreme Court reversed the order of the district court awarding attorney's fees to TCH Builders and Remodeling, holding that the district court abused its discretion by assessing all of TCH's attorney fees against the construction lien bond posted by Homes For Our Troops (HFOT). TCH filed a construction lien against HFOT's property and initiated this action claiming, among other things, breach of contract and foreclosure of the construction lien bond. The district court dismissed all claims against HFOT except for TCH's lien claim against HFOT's bond. A jury found in favor of TCH. The district court entered an order ruling that all attorney fees incurred by TCH throughout the course of the proceeding were payable from the bond posted by HFOT. The Supreme Court reversed and remanded for redetermination of the amount of fees to be assessed against HFOT's bond, holding that the assessment of the entirety of TCH's attorney fees against HFOT's bond was inequitable, arbitrary, and not reasonable. View "TCH Builders v. Elements of Construction, Inc." on Justia Law

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In this construction dispute, the Court of Chancery granted Defendant’s motion to dismiss Plaintiffs’ complaint seeking to vacate or modify an arbitration award for failure to state a claim and denying Plaintiffs’ motion for summary judgment, holding that the arbitrator did not exceed the scope of his authority or act in manifest disregard of the law when he awarded Defendant damages. In their first claim, Plaintiffs argued that the arbitrator’s interpretation of the provisions in the contract between the parties regarding the total cost of the construction project evidences a manifest disregard for the law. In their second claim, Plaintiffs argued that the arbitrator exceeded his authority and acted in manifest disregard of the law when he issued an award for fees and expenses to Defendant. The Court of Chancery disagreed, holding that the arbitrator did not act in manifest disregard of the law in either respect. View "Stempien v. Marnie Properties, LLC" on Justia Law

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The Subletting and Subcontracting Fair Practices Act governs public works projects, requires a prime contractor to obtain the awarding authority's consent before replacing a subcontractor listed in the original bid (Pub. Contract Code 4107(a)), and limits the awarding authority’s ability to consent. If the original subcontractor objects to being replaced, the awarding authority must hold a hearing. San Francisco entered a contract with prime contractor Ghilotti for a major renovation of Haight Street. Consistent with its accepted bid, Ghilotti entered a contract with subcontractor Synergy for excavation and utilities work. After Synergy broke five gas lines and engaged in other unsafe behavior, the city invoked a provision of its contract with Ghilotti to direct Ghilotti to remove Synergy and substitute a new subcontractor. Under protest, Ghilotti terminated Synergy and identified two potential replacement contractors. Synergy objected. A hearing officer determined that Synergy’s poor performance established a statutory ground for substitution. Synergy and Ghilotti argued that the hearing officer lacked jurisdiction because Ghilotti had not made a “request” for substitution. The trial court agreed. The court of appeal reversed. Although the statute contemplates that the prime contractor will normally be the party to seek substitution, the procedure followed here “complied in substance with every reasonable objective of the statute.” View "Synergy Project Management, Inc. v. City and County of San Francisco" on Justia Law

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John and Cindy Henderson filed suit against Copper Ridge Homes (“Copper Ridge”) and First Bank regarding the construction of their new home in Magnolia, Mississippi. The case quickly spiraled into foreclosure proceedings upon the Hendersons’ defaulting on their loan with First Bank. The judge granted First Bank’s motion for judicial foreclosure. After that, the Hendersons unsuccessfully moved multiple times to amend their complaint to add wrongful foreclosure. The judge granted Copper Ridge’s and First Bank’s motions for summary judgment on the Hendersons’ claims, finding that the claims, which arose from the alleged faulty construction of the house traveled with the title to the property. Because the Hendersons no longer owned any interest in the house and land, the judge found that they had lost their right to seek damages. On appeal, the Hendersons argued the trial court erred by granting First Bank a judicial foreclosure, by granting Copper Ridge’s and First Bank’s motions for summary judgment, and by denying their motions for leave to amend and to add wrongful foreclosure to their complaint. Finding that the trial court erred in granting Copper Ridge’s and First Bank’s post-foreclosure motions for dismissal of the Hendersons’ claims, The Mississippi Supreme Court affirmed the grant of judicial foreclosure, reversed the grant of summary judgment to both parties, and remanded the case to the trial court for determination of the Hendersons’ claims. View "Henderson v. Copper Ridge Homes, LLC" on Justia Law