Justia Construction Law Opinion Summaries

Summit Construction filed a lawsuit against Jay Koontz and Jennie L. Kennette for breach of contract and unjust enrichment, alleging nonpayment for work performed on Mr. Koontz’s home based on an oral agreement. The work included an addition to the home and extensive renovations to the existing structure. The District Court rejected both claims, determining that there was no enforceable oral contract between the parties and that Summit did not sufficiently prove its damages for the unjust enrichment claim.The District Court found that the parties had not mutually agreed to sufficiently definite terms for an oral contract. The court noted that the project progressed without a clear understanding of the scope of work, how it would be paid for, and who would be responsible for payment. The court also found that Summit's invoices did not clearly define the terms of the contract. Furthermore, the court concluded that Summit had failed to prove the amount by which Mr. Koontz was unjustly enriched, i.e., its damages.Upon appeal, the Supreme Court of Wyoming affirmed the District Court's decision. The Supreme Court agreed that Summit had failed to show the existence of an enforceable oral contract with either Mr. Koontz or Ms. Kennette. The court also agreed with the lower court's finding that Summit had failed to establish its damages to a reasonable degree of certainty, which is necessary for an unjust enrichment claim. View "Summit Construction v. Koontz" on Justia Law

The Supreme Court reversed in part and affirmed in part the order of the district court granting summary judgment in favor of Ghidorzi Construction Company, LLC and dismissing the complaint brought by Primrose Retirement Communities, LLC and Gillette Retirement, LLC its local affiliate (together, Primrose), holding that the district court erred in granting summary judgment on Primrose's breach of contract claim.Primrose filed a complaint against Ghidorzi alleging negligence, breach of contract, and breach of the implied covenant of good faith and fair dealing. The district court granted summary judgment in favor of Ghidorzi following a hearing. The Supreme Court reversed in part, holding (1) there were material questions of fact precluding summary judgment on the interpretation of the contract and whether Ghidorzi's actions contributed to Primrose's damages; and (2) the district court properly concluded that the contract language obviated any need to impose an implied covenant. View "Primrose Retirement Communities, LLC v. Ghidorzi Construction Co." on Justia Law

In this breach of contract and breach of warranty case the Supreme Court affirmed the judgment of the district court granting Shelly Besel's motion for summary judgment and dismissing Shelly from the litigation with prejudice, holding that Shelly was properly dismissed from the litigation.Appellants hired Leonard Besel to remodel their home. Prior to completing the project Leonard terminated the contract. Appellants brought this action naming Shelly as a defendant and alleging that Shelly was a partner of her husband's contracting business. Shelly moved to dismiss herself from the lawsuit, disavowing any partnership interest in her husband's business. The district court granted Shelly's motion. The Supreme Court affirmed, holding that no material issue of fact existed based on the evidence as to Shelly's status vis a vis the business, and therefore, the record supported the district court's ruling dismissing Shelly from the litigation. View "Norris v. Besel" on Justia Law

The Supreme Court affirmed Appellant’s conviction of one count of sexual assault in the first degree, holding that Appellant’s trial counsel did not provide ineffective assistance.The jury in this case concluded that Appellant committed sexual intrusion upon a non-consenting victim whom Appellant knew or had reason to believe was physically helpless. On appeal, Appellant argued that his trial counsel provided ineffective assistance by failing to object to inadmissible evidence, failing to adequately advance her theory of the case, and failing to suppress the statements made by Appellant when under investigative detention. The Supreme Court disagreed, holding that trial counsel was not ineffective in her representation of Appellant. View "Bruckner v. State" on Justia Law

Appellant entered into a lease with a Mall to operate a restaurant. The lease required Mall to pay Appellant a finish allowance when certain provisions had been satisfied. The condition at the heart of this dispute required Appellant to provide the Mall evidence that any liens had been satisfied or waived and that “all work has been paid for” before the finish allowance became due. Appellant hired a general contractor to renovate the space. Appellant paid the general contractor in full, but the general contractor did not pay all of the subcontractors. When the Mall did not pay the finish allowance, Appellant filed this lawsuit alleging, inter alia, breach of contract. The district court granted summary judgment in favor of the Mall. The Supreme Court affirmed, holding that the unambiguous terms of the lease required evidence that the general contractor and subcontractors had been paid in full before the Mall was obligated to pay the finish allowance. View "P & N Investments, LLC v. Frontier Mall Associates, LP" on Justia Law

Contractor Anderson Carpentry and Construction built a home for Shad and Trisha Bates. Anderson contracted with Century Lumber Center to purchase supplies and materials to build the Bates home. The Bates paid Anderson for materials used on the home, but those funds were applied to other accounts, and the account with Century on the Bates job became delinquent. Century filed a material lien against the Bates property and filed a complaint seeking to foreclose the lien against the property. The district court ultimately enforced the lien. The Supreme Court reversed, holding that the lien was not timely filed as a matter of law. View "Bates v. Chicago Lumber Co. of Omaha" on Justia Law

Leon and Brenda Rogers purchased a home from Jeffrey Wright. The Rogers subsequently discovered several defects in the home and sued Wright, JWright Development, LLC, and JWright Companies, Inc. (collectively, the JWright defendants), alleging breach of contract, negligence, breach of warranty, and negligent and intentional misrepresentation. The district court granted summary judgment in favor of the JWright defendants. The Supreme Court reversed the district court’s order on the negligence claim but otherwise affirmed, holding (1) issues of material fact existed regarding whether the builder of the Rogers’ home breached its legal duty to build the home in a reasonable and workmanlike manner; and (2) the district court properly granted summary judgment in favor of the JWright defendants on the remainder of the Rogers’ claims. View "Rogers v. Wright" on Justia Law

Western Wyoming Construction Company (WWC) submitted a bid for a highway project in Sublette County. The Board of County Commissioners of Sublette County (Commissioners) awarded the contract to another resident contractor whose bid was higher than WWC's. WWC filed a complaint in district court for an order awarding it the contract for the project. The district court granted summary judgment in favor of the Commissioners. At issue on appeal was whether Wyo. Stat. 16-6-102(a) required the Commissioners to award the contract to the responsible certified Wyoming resident making the lowest bid. The Supreme Court reversed, holding (1) section 16-6-102 has no application in the context of two resident contractors; and (2) because no evidence was presented showing where the funds came from to pay for the project, (i) there could be no finding as to what statutory provision, if any, was applicable, and (ii) a judicial determination as to the appropriateness of the bid award was not possible. Remanded. View "W. Wyo. Constr. Co., Inc. v. Bd. of County Comm'rs" on Justia Law

While a lawsuit by Appellees David and Elizabeth Speaks was pending against Rosemary and Byron Baker for damages related to poor construction workmanship, the Bakers transferred two parcels of real property to their son, Nathan Baker. The case resulted in a judgment against Byron but a dismissal of the claims against Rosemary. The appellate court affirmed the trial court's decision. Five days later, Nathan transferred the properties to a limited liability company (LLC) he and his family controlled. Appellees subsequently filed this case under the Uniform Fraudulent Conveyance Act and the Uniform Fraudulent Transfer Act. While the case was pending, the LLC transferred the two pieces of property to trusts controlled by Rosemary Baker. The district court granted summary judgment for Appellees permitting execution on the properties, finding that all of the conveyances were fraudulent. The Supreme Court reversed and remanded, holding (1) the district court correctly found the conveyances to be fraudulent; but (2) Appellees failed to make the required prima facie showing that the properties were subject to execution on a judgment against Byron Baker alone. View "Baker v. Speaks" on Justia Law

Appellant filed a complaint in district court after making an unsuccessful construction bid to the Town of Thayne City Council, claiming (1) a civil rights violation pursuant to 42 U.S.C. 1983, (2) that the Town failed to provide an independent observation of the bid evaluation and selection process, and (3) a breach of the covenant of good faith and fair dealing. The district court granted the Town's motion for summary judgment on the 42 U.S.C. 1983 claim and dismissed the remaining claims for failure to state a claim. The Supreme Court summarily affirmed given the deficient brief filed by Appellant and Appellant's failure to comply with the Wyoming Rules of Appellate Procedure. View "Call v. Town of Thayne" on Justia Law