Attorney Jack W Reed's Legal Cases

Litigation

AFTEC Forming Technologies, LLC v. Permacast, LLC, 342 P.3d 808 (Utah Ct. App. 2015)

Jan 08, 2015

OUTCOME: Ruling reversed. Permacast's motion did not assert it was entitled to judgment, only that AFTEC had not proved its damages. But AFTEC was not required to produce such evidence before discovery was complete.

AFTEC licensed its concrete wall forming system to Permacast for use in Florida. The agreement required Permacast to actively market the system brand by putting a link to AFTEC's website on Permacast' ... s website, using the system logo on all promotional materials, and marking the system name on all equipment and finished concrete walls. AFTEC sued Permacast for breaching the agreement. During the course of the case, the parties agreed to an open-ended discovery period which was never modified. Permacast filed a motion for summary judgment contending that AFTEC had not provided proof of its damages. AFTEC opposed the motion as premature, because the discovery phase was still open and the deadline for designating an expert had not yet passed, and because AFTEC's principal had submitted evidence that AFTEC was damaged in a specific amount. The trial court granted the motion, ruling that AFTEC's statement of damages was insufficiently detailed. AFTEC appealed.

Insurance

Employer's Mutual Casualty Co. v. Bartile Roofs, Inc., 618 F.3d 1153 (10th Cir. 2010)

Sep 07, 2010

OUTCOME: Personal jurisdiction and venue in Wyoming was proper. The CGL policy did not cover "defective construction;" insurer had no duty to defend. Insurer could not recover costs of defense under a reservation of rights letter.

Subcontractor's insurer filed a declaratory judgment action in Wyoming regarding its duty to defend and indemnify a Utah subcontractor under CGL policies for defective construction on a luxury hotel in ... Wyoming. Utah subcontractor challenged personal jurisdiction and venue of Wyoming court, and argued Utah law should apply, not Wyoming law. The district court ruled that personal jurisdiction and venue were proper in Wyoming, and denied subcontractor's motion to transfer venue. Applying Wyoming law, the district court found no duty to defend or indemnify, but also found the insurer was not entitled to recoup costs of defense under a reservation of rights letter. Subcontractor appealed and insurer cross-appealed.

Construction and development

John Holmes Construction, Inc. v. R.A. McKell Excavating, Inc., 131 P.3d 199 (Utah 2005)

Jan 01, 2005

OUTCOME: The Utah Supreme Court overruled the lower appellate court and held McKell's work was not for a residence, and McKell could continue to pursue its mechanic's lien rights.

The issue was whether infrastructure and utility work on a subdivision was work on a residence for purposes of Utah's mechanic's lien statute.

Construction and development

R.A. McKell Excavating, Inc. v. Wells Fargo Bank, N.A., 100 P.3d 1159 (Utah 2004)

Jun 18, 2004

OUTCOME: Contractor's lien had priority over Bank's deed of trust. The plain language of the statute required "final completion" to trigger the statute of repose. Contractor had not completed all of its contract work; the foreclosure action was timely filed.

Utility contractor began work on non-residential property under a written contract on January 3, 2000. Bank recorded its deed of trust on the property two days later. Contractor suspended work on Octo ... ber 5, 2000 due to Developer's intermittent payments. Contractor then recorded a mechanic's lien on November 2, 2000. Contractor filed suit to foreclose its lien, alleging priority over Bank's deed of trust, on November 21, 2001, more than one year after recording the lien. The mechanic's lien statute required foreclosure actions to be filed within "12 months from the final completion of the original contract." The Bank filed a motion for summary judgment contending its deed of trust had priority because the Contractor's complaint was filed more than one year after Contractor's last work on site. The Utah district court granted the motion and the Contractor appealed.

Jack W Reed's Legal Cases (4)

AFTEC Forming Technologies, LLC v. Permacast, LLC, 342 P.3d 808 (Utah Ct. App. 2015)

Employer's Mutual Casualty Co. v. Bartile Roofs, Inc., 618 F.3d 1153 (10th Cir. 2010)

John Holmes Construction, Inc. v. R.A. McKell Excavating, Inc., 131 P.3d 199 (Utah 2005)

R.A. McKell Excavating, Inc. v. Wells Fargo Bank, N.A., 100 P.3d 1159 (Utah 2004)