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Tag Archives: subcontractor

Civil Practice – Impleader – Home Construction — Discovery Responses – Attorney’s Fees – Settlement & Dismissal – Mootness (access required)

Bost Construction Co. v. Blondy Even though the plaintiff-homeowner did not contend that the third-party defendant-subcontractor was responsible for the problems with her fireplace, the defendant-contractor forecasted evidence that the problems were, in fact, caused by the subcontractor

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Tort/Negligence – Breach of Fiduciary Duty Claim – Banks & Banking – Construction Loan – Disbursements – Unlicensed Contractor — Unfair Trade Practices Claim – Fraud Claim (access required)

Rider v. Aderhold Even though a bank employee promised to be the plaintiff-borrowers’ eyes and ears while their home was being built, the bank did not owe plaintiffs a fiduciary duty. The loan agreement clearly states that the bank had no fiduciary or other special relationship with plaintiffs.

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Contract – Construction Project – Subcontractor — Completion Certification – Interest & Attorney’s Fees (access required)

Miller & Long, Inc. v. Intracoastal Living, LLC The plaintiff-subcontractor and the defendant-contractor built four buildings in the project at issue. As to the first two buildings, the contractor’s project manager certified to the project owner that the subcontractor’s work on the buildings was 100 percent complete on June 1, 2007, and the project architect made the same certification. The contractor cannot change its position at this late date and has waived any challenges to the subcontractor’s work on the first two buildings. The subcontractor’s motion for partial summary judgment against the contractor is granted in part.

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Tort/Negligence – Professional Liability – Architects & Engineers – Subcontractor – Other Property Damage (access required)

New Bern Riverfront Development, LLC v. Weaver Cooke Construction, LLC Even though the plaintiff-developer does not allege that defendant National Erectors Rebar, Inc. was a licensed architect, engineer or surveyor, plaintiff does allege that National Erectors was required to "design and construct" certain components of plaintiff's project and owed plaintiff a duty to perform the design and construction "consistent with the standard of care applicable to ... [an] engineer, or architect...." Plaintiff also alleges this duty was breached and proximately caused damage to plaintiff.

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