Case Summaries

Construction

[03/09] Kuhn Constr. Co. v. Diamond State Port Corp.
In an action to enjoin an arbitration initiated by defendant based on a referee clause in the agreement between the parties, grant of defendant's motions to dismiss the complaint and compel arbitration is reversed where the referee clause, on these facts, did not clearly require arbitration.

[02/26] Clear Lake Riviera Cmty. Ass'n. v. Cramer
In an action against defendants to abate their violation of an approved height for their home, trial court's judgment is affirmed where: 1) the association's height guideline was validly adopted; 2) mere participation of a non-appointed person in the business of the committee, under these circumstances, would not invalidate the committee's official actions; and 3) trial court did not abuse its discretion in ordering defendants to tear down their house in order to comply with the guidelines rather than award money damages.

[02/23] Forsgren Assocs., Inc. v. Pac. Golf Cmty. Dev., LLC.
In a general contractor's suit for breach of contract and foreclosure against defendant, judgment of the trial court in favor of the plaintiff is reversed where: 1) plaintiff's mechanic's lien did not attach to the entirety of the homeowner's property adjacent to the golf course property because not all of the adjacent property was required for the convenient use and occupation of the golf course; and 2) trial court erred in awarding pre- and postjudgment interest on the foreclosure claim.

[02/22] Interstate Fire & Cas. Ins. Co. v. Cleveland Wrecking Co.
In plaintiff's claim for subrogation against defendant, alleging that defendant had breached its contract with a general contractor by failing to defend and indemnify the general contractor in an underlying suit, trial court's judgment in favor of the defendant pursuant to a demurrer is reversed as the allegations of plaintiff's amended complaint establish each of the elements for subrogation.

[02/19] Universal Concrete Prod. Corp. v. Turner Constr. Co.
In plaintiff-subcontractor's breach of contract suit against a general contractor for refusing to pay $885,507 to the plaintiff for substantial work performed, judgment of the district court in favor of defendant is affirmed as, under Virginia law, the contract unambiguously reflects both parties' understanding that plaintiff would only be paid for its work after defendant was paid by the owner. Therefore, the pay-when-paid clause contained in the parties' subcontract is enforceable and prevents plaintiff from demanding payment from defendant unless and until defendant is first paid by the owner.

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