Case Study 5.docx - Case Study 5 Supreme Court King County...

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Case Study 5Supreme Court, King County, New York.Mike Building & Contracting, INC., on behalf of itself and other similarly situated, PlaintifVs.JUST HOMES, LLC, Albert C. Tew II, Gary Gutterman, William Berry, Sergio Condi, James Berry and “JohnDoe No. 1” through “John Doe No. 5.,” Defendants.Feb. 2, 2010.Facts:Construction contract was not ambiguous with regard to requirement calling for certification of cause for general contractor’s termination;Defendants failed to terminate contract in compliance with its termination procedures, and thus were liable for breach of contractContractor could not recover essentially liquidated damages based upon provision in contract reciting contractors anticipated profit for work on three propertiesFactual issues precluded summary judgment for either part on issue of contractor’s damages for breach of contractContractor could not pierce the corporate veil so as to hold developers member personally liablefor its damages for breach of contractPortion of loan proceeds which were withheld by lender as borrowers equity were part of loan and thus trust assets

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