Justia Construction Law Opinion SummariesArticles Posted in US Court of Appeals for the Fourth Circuit
US f/u/b of Modern Mosaic, Ltd v. Turner Construction Co.
Modern filed suit against Turner, alleging claims arising from a subcontract outlining Modern's role in the construction of an FBI facility. The Fourth Circuit held that the district court properly applied West Virginia's law and rejected all of Modern's claims based on the plain language of the contract. In this case, the district court granted Turner summary judgment on the field verification claim, and subsequently ruled in favor of Turner on the remaining claims. The court held that Modern and Turner were two sophisticated parties that entered into a detailed contract spelling out their rights and responsibilities in the construction of the FBI facility, and the provisions of that contract directly addressed the very issues raised in this appeal. Furthermore, the provisions of the contract compelled the result reached by the district court. Accordingly, the court affirmed the judgment. View "US f/u/b of Modern Mosaic, Ltd v. Turner Construction Co." on Justia Law
Slay’s Restoration, LLC v. Wright National Flood Insurance Co.
A subcontractor hired by a property owner's contractor to repair flood damage to the owner's property was not injured in its business or property by reason of a pattern of racketeering allegedly carried out by the property owner's insurance company and its independent consultants to reduce the amount paid on the property owner's insurance claims for reimbursement of the repair costs. In this case, the Fourth Circuit held that the property owner's subcontractor, Slay's Restoration, was not proximately caused by conduct of the insurance company, and Slay's Restoration therefore failed to state a plausible claim under the Racketeer Influenced and Corrupt Organizations Act (RICO) against the insurance company and its consultants upon which relief could be granted. Therefore, the court affirmed the district court's dismissal of Slay's Restoration's complaint. View "Slay's Restoration, LLC v. Wright National Flood Insurance Co." on Justia Law