Justia Construction Law Opinion SummariesArticles Posted in Nebraska Supreme Court
Porter v. Knife River, Inc.
The Supreme Court affirmed the order of the district court that granted summary judgment in favor of highway construction contractors and subcontractors (collectively, contractors) in this action alleging negligent maintenance of a construction site, holding that the contractors were entitled to summary judgment.Officer Curtis Blackbird died on duty when his police cruiser crashed into a parked crane and a portion of Highway 94 that was closed for construction. Plaintiff brought this action against the contractors, alleging negligence. The district court granted summary judgment for the contractors. The Supreme Court affirmed, holding that there was no triable issue of fact, and therefore, the district court properly granted summary judgment in favor of the contractors. View "Porter v. Knife River, Inc." on Justia Law
de Vries v. L & L Custom Builders, Inc.
The Supreme Court affirmed the judgment of the district court entering judgment upon the jury's general verdict in favor of Homeowners in their complaint against the builder of their house (Builder), holding that there was no error.Homeowners brought this suit alleging defects in the construction of their home and in the preparation of the lot it was built on. The jury found in a special verdict form that Homeowners' claims were not barred by the statute of limitations and rendered a general verdict in favor of Homeowners. Builder appealed, challenging the amount of damages and the court's statute of limitations rulings. Builder cross-appealed, challenging the damages award. The Supreme Court affirmed, holding that the district court (1) did not err in refusing to determine the statute of limitations as a matter of law, in giving its instructions on the statute of limitations, or in failing to order remittitur or setoff of the damages award; and (2) did not err in excluding evidence of stigma damages. View "de Vries v. L & L Custom Builders, Inc." on Justia Law
McGill Restoration v. Lion Place Condominium Association
The Supreme Court affirmed the judgment of the trial court in favor of a contractor (Contractor) against the homeowners' association (HOA) that hired it to perform repair work, holding that the district court did not err.Specifically, the Supreme Court held that the district court did not err in (1) finding that the HOA had waived, by one of the methods described in Neb. Rev. Stat. 25-1126, its right to a jury trial and in refusing to allow the HOA to withdraw its waiver; (2) concluding that the HOA had to present expert testimony to support its defense and counterclaims asserting that the repair work was done in an unworkmanlike manner; (3) excluding lay testimony of other contractors, in finding the HOA's expert witness lacked foundation for his opinions, and in excluding testimony relating to what the court found to be compromise negotiations; and (4) awarding prejudgment interest and attorney fees. View "McGill Restoration v. Lion Place Condominium Association" on Justia Law
McCaulley v. C L Enterprises, Inc.
In this construction defect case brought by homeowners against several contractors, the Supreme Court affirmed the ruling of the district court that the limitations period against each contractor began to run upon the substantial completion of each contractor's project.The district court granted summary judgment in favor of the contractors in this case, generally agreeing that the limitations period for the homeowners' claims against the contractors began to run on the dates that each contractor substantially completed its work. The Supreme Court affirmed, holding that the district court did not err in finding that Homeowners' claims against the contractors were time barred as matter of law under Neb. Rev. Stat. 25-223 and by denying their oral motion seeking leave to amend their complaint to add a new claim. View "McCaulley v. C L Enterprises, Inc." on Justia Law
Fuelberth v. Heartland Heating & Air Conditioning
The Supreme Court reversed the decision of the district court entering summary judgment in favor of Heartland Heating & Air Conditions, Inc. on the claims brought by Troy and Julie Fuelberth alleging that Heartland's work for them was defective, holding that Heartland was not entitled to summary judgment.In their complaint, the Fuelberths alleged that Heartland performed defective work for them in designing, constructing and installing an interior in-floor geothermal system and an exterior cement system for a shop building on the Fuelberths' farm. The district court entered summary judgment for Heartland on statute of limitations grounds. The Supreme Court reversed, holding that the district court by entering summary judgment in favor of Heartland on statute of limitations grounds. View "Fuelberth v. Heartland Heating & Air Conditioning" on Justia Law
First State Bank Nebraska v. MP Nexlevel, LLC
The Supreme Court reversed the judgment of the district court dismissing First State Bank Nebraska's (First State) claims against MP Nexlevel, LLC seeking performance under a contract, holding that the district court erred in granting MP Nexlevel summary judgment and dismissing First State's complaint.MP Nexlevel contracted to pay Husker Underground Utilities & Construction, LLC for construction services. Due to separate loan agreements, First State held a security interest in Husker Underground's accounts. When Husker Underground failed to meet its loan obligations, First State sought direct payment of MP Nexlevel's obligations under the contract. However, MP Nexlevel continued to submit its payments to Husker Underground. First State ultimately brought suit against MP Nexlevel for performance under the contract. The district court concluded that First State lacked standing. The Supreme Court reversed, holding (1) Neb. Rev. Stat. 9-406(a) imposed a duty on MP Nexlevel to discharge its obligations under its agreement with Husker Underground by paying directly to First State; (2) MP Nexlevel breached its obligations to First State; and (3) First State was authorized by Neb. Rev. Stat. 9-607(a)(3) to step into Husker Underground's place and enforce MP Nexlevel's contractual obligations as adjusted by operation of section 9-406(a). View "First State Bank Nebraska v. MP Nexlevel, LLC" on Justia Law
Ash Grove Cement Co. v. Nebraska Department of Revenue
The Supreme Court affirmed the order of the district court finding that the production of aggregate by Ash Grove Cement Company qualified as "processing" under the Nebraska Advantage Act (NAA), Neb. Rev. Stat. 77-5701 to 77-5735, and finding that Ash Grove's aggregate production did not qualify as "manufacturing" under the NAA, holding that the appeals in this case were without merit.Because Lyman-Richey, which sold aggregate products used for things like manufacturing concrete, was wholly owned by Ash Grove, Ash Grove was eligible to include Lyman-Richey in its application for NAA tax incentives. At issue in this case was whether the district court erred in (1) finding that aggregate production locations were not engaged in "manufacturing" under the NAA; (2) denying Lyman-Richey's claims for overpayment of sales and use tax based on the manufacturing machinery or equipment exemption; and (3) finding the aggregate production locations were engaged in "processing" under the NAA. The Supreme Court affirmed, holding (1) although Ash Grove did not engage in "manufacturing" when it produced aggregate without crushing, it did engage in the qualified business of "processing" under the NAA; and (2) Lyman-Richey failed to prove entitlement to overpayment of sales and use tax based on the manufacturing machinery and equipment exemption. View "Ash Grove Cement Co. v. Nebraska Department of Revenue" on Justia Law
Goes v. Vogler
The Supreme Court affirmed the judgment of the district court concluding that Defendants owed damages to their general contractor and two of its subcontractors (collectively, Plaintiffs) for the construction of a residential home, holding that judgment was correctly entered for Plaintiffs.Plaintiffs filed construction liens and brought contract suits claiming unpaid balances for construction services rendered. The district court determined that the contract was a cost-plus agreement, that defects in workmanship were punch list items and not a breach by the general contractor, and that Defendants committed the first material breach of contract and owed damages to Plaintiffs. Defendants appealed, arguing that the contract was a fixed-price contract breached by the general contractor and that, even under a cost-plus contract, the general contractor breached a fiduciary duty to provide a full account for its bills when it requested draw payments. The Supreme Court affirmed, holding (1) the district court did not err when it found that the construction contract was a cost-plus contract and that Defendants breached that contract when they failed to pay draws required under the contract; and (2) the general contractor met its obligations under the contract. View "Goes v. Vogler" on Justia Law
Bloedorn Lumber Co. v. Nielson
The Supreme Court affirmed the judgment of the district court ruling in favor of Plaintiff on his claim that Defendants failed to pay him for work he performed on their residence, holding that there was no merit to Defendants’ assignments of error on appeal.Specifically, the Court held (1) the district court did not err in finding that Plaintiff was entitled to recover under the theory of unjust enrichment when a contract existed between the parties and Plaintiff had a statutory remedy of foreclosure on his construction lien; (2) there was evidence to support the unjust enrichment recovery; and (3) the district court did not err in denying Defendants’ motion to transfer venue. View "Bloedorn Lumber Co. v. Nielson" on Justia Law
Kohout v. Bennett Construction
The Supreme Court ruled that the Nebraska Workers’ Compensation Court did not err in determining that Bennett Construction, a sole proprietorship owned and operated by Mark Bennett, was neither Robert Kohout’s direct employer nor his statutory employer under the facts of this case. Kohout was injured as a result of falling from the roof of a barn on the property of Brian Shook and sought workers’ compensation benefits from Bennett Construction. The Supreme Court affirmed, holding (1) Nick Bennett, Mark’s son, lacked apparent authority to enter into a contract with Shook on behalf of Bennett Construction; and (2) Nick did not enter into a joint venture with Mark or Bennett Construction concerning the Shook job. View "Kohout v. Bennett Construction" on Justia Law