ARBITRATION: Defendant waived right to compel arbitration after reentering litigation following default set aside without asserting the right… Breuner affirmed. [Read more…]
$4,050 net verdict, construction lien/contract
VERDICT: $4,050 net to contractor on construction lien after offset of $41,700 awarded to home owners on construction defects counterclaim… contractor entitled to fees/costs on lien foreclosure, neither party entitled to costs on legal claims as neither prevailed. [Read more…]
Buy-sell, failure to obtain committee approval of home
BUY-SELL: Failure to obtain Architectural Committee approval of home not specifically stated as circumstance in which the buy-sell terminates, not grounds for termination, summary judgment for buyer on contract claim… material fact issues as to whether seller breached the implied covenant by interfering with the committee’s approval so he could terminate the buy-sell… buyer entitled to attorney fees per buy-sell… Rienne McElyea. [Read more…]