Justia Construction Law Opinion SummariesArticles Posted in Maine Supreme Judicial Court
Sweet v. Breivogel
In this appeal involving a dispute over payment for the construction of a traditional timber frame home, the Supreme Judicial Court affirmed the judgment of the superior court calculating the damages recoverable under the Unfair Trade Practice Act (UTPA) stemming from Contractor’s violation of the Home Construction Contracts Act (HCCA), holding that, the superior court did not err in its judgment.Contractor brought this action seeking to be paid for his unpaid labor. The superior court concluded (1) Contractor was entitled to the money he had already received from Homeowners under the theory of quantum meruit; (2) Homeowners did not meet their burden of proof as to their counterclaims; and (3) Contractor violated the HCCA by failing to furnish a written contract, which was prima facie evidence of a UTPA violation. The Supreme Judicial Court affirmed, holding (1) while the parties did not sign a contract in this case, the superior court’s application of quantum meruit was appropriate; (2) the superior court did not err in concluding that Homeowners failed to prove their counterclaims; (3) Homeowners were not entitled to additional damages under the UTPA; and (4) the attorneys fees award in this case was sufficient. View "Sweet v. Breivogel" on Justia Law
Arundel Valley, LLC v. Branch River Plastics, Inc.
Arundel Valley, LLC, the developer of a facility for a butter manufacturer, filed a complaint against Branch River Plastics, Inc., a manufacturer and distributor of insulated roofing panels, alleging, inter alia, defects in roofing panels that Branch River had manufactured and supplied to Arundel Valley for a construction project. A jury found in Arundel Valley’s favor on its claims that Branch River breached implied warranties by supplying defective roofing panels. Branch River filed a motion for a new trial, which the court denied. The Supreme Judicial Court reversed, holding that the trial court erred in declining to adjudicate whether Branch River had disclaimed implied warranties. Remanded. View "Arundel Valley, LLC v. Branch River Plastics, Inc." on Justia Law
Warren Constr. Group, LLC v. Reis
Plaintiff, a construction company, perfected a mechanic’s lien on Defendants’ property and filed a five-count complaint alleging that Defendants breached a contract with Plaintiff to renovate their house by failing to make any payments. The superior court granted summary judgment for Plaintiff on its breach of contract, Prompt Payment Act, and mechanic’s lien claims. Defendants filed a motion to alter or amend judgment pursuant to Me. R. Civ. P. 59, arguing that there existed a genuine issue of material fact as to the time and manner of payment. The court denied the motion and later dismissed the remaining counts of Plaintiff’s complaint. Defendants appealed, arguing that Plaintiff could not succeed on any of its claims because the parties’ oral contract was unenforceable pursuant to the Home Construction Contracts Act. The Supreme Judicial Court affirmed, holding that Defendants failed to preserve this issue for appellate review. View "Warren Constr. Group, LLC v. Reis" on Justia Law