Justia Construction Law Opinion Summaries

The Supreme Court reversed the decision of the court of appeals affirming an order of the circuit court that granted partial summary judgment to Riverworks City Center, LLC after determining that Great Lakes Excavating, Inc. fully waived its construction lien, holding that the waiver document satisfied Wis. Stat. 779.05(1).Before signing the form lien waiver document the owner of Great Lakes cross of the words "To Date" in the document's title of "Waiver of Lien to Date" and replaced them with the handwritten word "Partial" with initials next to the change. On appeal, Great Lakes argued that the change limited the lien waiver to the amount received under Wis. Stat. 779.05(1) and that extrinsic evidence showed that all parties intended the waiver to be partial. The Supreme Court agreed and reversed, holding that the waiver document "specifically and expressly" limited the waiver under the statute. View "Great Lakes Excavating, Inc. v. Dollar Tree Stores, Inc." on Justia Law

The Supreme Court vacated the decision of the circuit court ordering the arbitration of a private construction dispute stayed, holding that the circuit court lacked the authority to issue the order staying the arbitration.In this private construction dispute, the circuit court ordered arbitration stayed until the court could decide an insurance coverage dispute between one of the contractors connected to the arbitration and the contractor’s insurer. CityDeck Landing LLC petitioned the Supreme Court for a supervisory writ asking the Court to exercising its superintending constitutional authority to vacate the circuit court’s order. The Supreme Court granted the writ, holding that the circuit court exceeded its jurisdiction by putting the private arbitration on hold. View "State ex rel. CityDeck Landing LLC v. Circuit Court for Brown County" on Justia Law

The Supreme Court affirmed as modified the decision of the court of appeals affirming the circuit court’s denial of Appellant’s postconviction motion, holding that trial counsel did not provide ineffective assistance and that there was no Brady violation in the proceedings below.Appellant was convicted of sixteen felonies based on allegations that he had repeated sexual contact with two juveniles and exposed them to pornography. Appellant filed a postconviciton motion asserting, among other things, ineffective assistance of counsel claims and a claim that the State violated its obligations under Brady v. Maryland, 373 U.S. 83 (1963). The circuit court denied the postconviction motion. The court of appeals affirmed. The Supreme Court affirmed as modified, holding (1) even if trial counsel’s performance was deficient, there was no prejudice to Defendant; and (2) the State did not violate Defendant’s due process rights under Brady when it failed to disclose impeachment evidence about a government witness’s pending charges. View "State v. Wayerski" on Justia Law

Defendant appealed his convictions of four counts of child enticement after the circuit court declined to suppress an incriminating statement Defendant made to police officers who were conducting a follow up investigation of incriminating admissions that Defendant made to his probation agent during a compelled polygraph examination. Defendant claimed that his admissions to the agent were subject to use and derivative use immunity, and that the derivative use immunity covered the subsequent statement he made to the police, even though this statement was preceded by a valid Miranda warning. The Supreme Court reversed Defendant's convictions, holding (1) Defendant's statement to officers was subject to derivative use immunity and could not be used in any subsequent criminal trial; and (2) Defendant's compelled statement to his probation agent, his subsequent statement to the police, and any evidence derived from either statement must be suppressed in any criminal trial. View "State v. Spaeth" on Justia Law