Unlimited online access to articles from across Canada with one account. Only when a [party's] conduct is the source of the claim is the equitable claim barred. Id. From this order, Graham brings its appeal. Stay up-to-date with how the law affects your life. The work, which could begin as early as next month depending on contractor availability, will involve removing the roof membrane and panels below, and replacing both, Aitken said. Therefore, we vacate the jury's award of $197,238 in favor of H & S on its breach of contract claim and remand to the district court for a new trial limited to the issue of damages. 523, 573 S.W.2d 316 (1978), for the proposition that when an owner supplies plans and specifications to a contractor, an implied warranty arises that the owner's plans and specifications are adequate and suitable for the particular project. (Attachments: #1 Exhibit A - Graham Business Filing Details)(Collins, Matthew) Modified on 8/12/2020 to add link and clarify docket text. From this evidence, a jury could reasonably infer that Graham would not have continued to operate the leased equipment had Graham disclosed the Russo report or the information in Wilson's email, thereby reducing H & S's damages under the lease agreement. Multiple motion relief document filed as one relief. GRAHAM CONSTRUCTION SERVICES INC v. HAMMER STEEL INC. He further testified that the skylights were not the proper thickness to withstand Arkansas weather. Accordingly, we vacate the district court's award in favor of H & S on the value of the auger in the amount of $52,387 and remand for a new trial on damages as to that claim. 1. (2001 Q.B.G. You're all set! Try our Advanced Search for more refined results. 1:16-CV-00017 | 2016-02-04. In other words, Graham could have expressly warranted that, regardless of Earl's implied warranty, the roof would not leak. at 533, 573 S.W.2d at 322 (emphasis added). According to McDermand, Maxa represented that H & S could provide a drill rig to do the job. Although Graham did not win the bid, it subcontracted with the winning bidder to perform the project for a reduced price.
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