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Posts in the Construction Law category:

Although it is "correct that fraud requires a plaintiff to show that a party 'reasonably' relied on a supposed misrepresentation," it is "wrong that such reasonable reliance imposes a duty on a plaintiff to perform 'an investigation of all assertions

The trial court acted correctly when it prevented defendant-White from suggesting to the jury that plaintiff-Associated Construction was obligated to investigate his assertions that he could pay for the renovation project. Thus, the court affirmed...

Construction contract arbitration award upheld

In this construction contract case, the trial court did not err by denying the plaintiffs' motion to vacate or modify the arbitration award and, thus, did not err by granting the defendants-lien claimants and defendant-contractor (Bosco) summary...

Contractors awarded damages for unjust enrichment

In these consolidated appeals after remand, the court held, among other things, that neither the law of the case nor res judicata precluded the trial court from considering unjust enrichment on remand. It affirmed the trial court's decision to...

Negligent contractor not entitled to indemnification

Plaintiff-Sachse's claim for common-law indemnification failed because it was sued "for its own active negligence" and was not held liable for any wrongdoing allegedly committed by the defendants. Plaintiff, a general contractor for an allegedly...

Indemnity clause in construction contract upheld

The court held that the indemnity clauses in the parties' subcontract applied because the plain language extended to defendant-Ahrens's "failure to undertake corrective work as obligated by the subcontract." Further, the property owner (a YMCA)...

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