Tag Archives: Contractor

Civil Practice – Insured Contractor Is ‘Nominal Party’ for Removal (access required)

Hartford Fire Ins. Co. v. Harleysville Mutual Ins. Co. An insured roofing contractor who settled a suit for defective work for $1 million is a nominal party in a contribution suit between the contractor’s insurance carriers, and applying the nominal party exception to the rule requiring unanimous consent to removal, the 4th Circuit affirms the district court’s dismissal of this suit.

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Arbitration – Manifest Disregard of Law – Contract – Contractor’s License (access required)

C-Sculptures, LLC v. Brown S.C. Code Ann. § 40-11-370(C) and our case law are clear: Any builder who enters into a contract for home construction without obtaining the required license cannot enforce the contract. The arbitrator manifestly disregarded the law when he allowed a contractor – who is only licensed up to $100,000 -- to enforce a contract to build an $800,000 house.

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Unlicensed contractor loses standoff over unpaid bill (access required)

Contractor hat

Taking on a Navy SEAL is never wise, but it’s an especially bad idea when you’re a building contractor trying to get paid for work you did while you were unlicensed. Keith Williams, a former diver with SEAL Team 6, had a falling out with builder Josh Rodgers, owner of Flyzone Construction Inc., after hiring him to build a $300,000 boat house and then to do $250,000 in renovations to his main residence.

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Contract – Unjust Enrichment – Civil Practice – JNOV – Conflicting Evidence – Real Property – Construction – Subcontractor (access required)

Williams Carpet Contractors, Inc. v. Skelly After a general contractor failed to pay the plaintiff-subcontractor for the carpet it supplied, a jury awarded the subcontractor $168,000 in quantum meruit against the defendant-owner, who had ordered and promised to pay for the carpet.

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