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Business Law

General contractor liable for subcontractor’s unpaid bills (access required)

The trial court correctly ruled that a general contractor was liable under the doctrine of unjust enrichment for construction materials a subcontractor received from a supplier. Overview Davis, the general contractor for a condominium project, hired H&2 as the drywall ...

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Direct or alter-ego theory not available in furniture store dispute (access required)

The plaintiff, a retail furniture store in North Carolina, failed to establish jurisdiction over the two individuals who sold it the business. Neither of the two sellers assumed individual obligations in the supply agreement, which was the basis of the ...

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Unambiguous lease not modified by other documents (access required)

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

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Corporate shares valuation includes commercial leases (access required)

Where the parties agreed to place their separate businesses into a jointly owned corporation, the parties’ business leases are corporate assets and must be included when valuing the corporation’s shares in this dissolution action. Overview Biton and Kreinis are equal ...

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Additional documents needed to resolve contract dispute (access required)

Although the defendants in a suit claiming breach of contract, indemnification and engineering and design malpractice argued the plaintiff’s common law indemnification claim should be dismissed, their motion was denied because they did not provide the settlement, design services and ...

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Tariff provides federal jurisdiction, dooms complaint (access required)

An “artfully pleaded” complaint for damages that asserted only state law claims was nevertheless removable to federal court because it sought to alter the terms of a tariff filed with the Federal Energy Regulatory Commission, or FERC. That same tariff ...

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