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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Sun Fab Industrial Contracting, Inc. v. Eric Lujan

The case involves an employer, Sun Fab Industrial Contracting, Inc., appealing the denial of its motion to compel arbitration in an employee-discrimination lawsuit filed by former employee Eric Lujan. Lujan alleged wrongful termination after filing a worker's compensation claim. The core dispute was whether the arbitration agreement, though included in an employee handbook that allowed for modification, was a separate, enforceable contract. The trial court initially denied arbitration, finding the agreement illusory due to the employer's right to unilaterally modify the handbook. On appeal, the court referenced *In re 24R, Inc.*, concluding that the arbitration agreement was a stand-alone document supported by mutual consideration and not subject to the handbook's modification clause. Consequently, the appellate court reversed the trial court's decision and remanded the case for further proceedings to compel arbitration.

Arbitration AgreementEmployment DiscriminationWorker's Compensation ClaimTexas LawContract EnforceabilityIllusory PromiseInterlocutory AppealEmployee HandbookFederal Arbitration ActMotion to Compel Arbitration
References
8
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. MISSING
Regular Panel Decision
Aug 16, 2006

Superior Ice Rink, Inc. v. Nescon Contracting Corp.

The plaintiff contracted with Nescon Contracting Corp. for painting services and required to be named an additional insured under Nescon's liability policy. Nescon's insurance broker, Seigerman-Mulvey Company, Inc., issued a certificate indicating plaintiff was an additional insured, but the insurer, Merchants Mutual Insurance Company, later disclaimed coverage after workers were injured on the plaintiff's premises. The plaintiff sued Seigerman-Mulvey for breach of contract, alleging third-party beneficiary status. The Supreme Court denied Seigerman-Mulvey's motion to dismiss the complaint. However, the appellate court reversed, granting the motion to dismiss, holding that the plaintiff was not in privity of contract with Seigerman-Mulvey, was owed no duty by them, and failed to establish itself as an intended third-party beneficiary or demonstrate fraud, collusion, or other special circumstances for recovery.

Breach of ContractInsurance Broker LiabilityThird-Party BeneficiaryMotion to DismissAdditional InsuredPrivity of ContractAppellate ReviewInsurance Coverage DisclaimerCPLR 3211(a)(7)Pecuniary Loss
References
4
Case No. MISSING
Regular Panel Decision

A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

Plaintiff A&V 425 LLC Contracting Co. sought to foreclose upon 76 mechanic’s liens filed against condominium units and asserted claims for breach of contract and quasi-contractual remedies. The defendants, including RFD 55th Street LLC and individual unit owners, moved to discharge the liens and dismiss the causes of action. The court granted the motion to dismiss all four causes of action. The mechanic's liens were found invalid under Lien Law § 13 (5) as the deeds of conveyance to third-party purchasers contained the required trust fund provision and were recorded before the liens were filed. The breach of contract claim against non-parties was dismissed due to lack of privity and insufficient allegations for piercing the corporate veil. The quasi-contractual claims were also dismissed as a valid written contract existed covering the disputed subject matter.

Mechanic's LiensLien LawMotion to DismissBreach of ContractQuasi-ContractQuantum MeruitUnjust EnrichmentCorporate Veil PiercingPrivity of ContractConstruction Law
References
17
Case No. 2014 NY Slip Op 05293 [119 AD3d 718]
Regular Panel Decision
Jul 16, 2014

Caiazzo v. Mark Joseph Contracting, Inc.

Ronald Caiazzo, Jr. sued Mark Joseph Contracting, Inc., Julia Coen, and Ana Reyes for personal injuries sustained while installing an air conditioning system at a house owned by Julia Coen. Caiazzo fell from a makeshift step, alleging violations of Labor Law §§ 200, 240(1), 241(6) and common-law negligence. The Supreme Court initially granted summary judgment dismissing certain claims. On appeal, the Appellate Division affirmed the dismissal of Labor Law §§ 200, 240(1), and 241(6) claims against Mark Joseph Contracting, Inc., and Labor Law §§ 240(1) and 241(6) claims against Julia Coen, citing the homeowner exemption for Coen. However, the court reversed the denial of summary judgment to Mark Joseph Contracting, Inc. on the common-law negligence claim, granting dismissal. The denial of summary judgment for Julia Coen on Labor Law § 200 and common-law negligence was affirmed, as triable issues of fact remained regarding her notice of a dangerous condition.

Personal InjuryLabor LawConstruction SiteSummary JudgmentCommon-law NegligenceElevated Work SiteDangerous ConditionHomeowner ExemptionAppellate ReviewSuffolk County
References
25
Case No. MISSING
Regular Panel Decision

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. action No. 2
Regular Panel Decision

U.W. Marx, Inc. v. Koko Contracting, Inc.

Koko Contracting, Inc., a subcontractor, ceased work on a school construction project after U.W. Marx, Inc., the general contractor, failed to make three successive progress payments. Marx declared Koko in default and terminated the contract. In action No. 2, the Supreme Court found in favor of Koko, ruling that Marx's failure to pay was a material breach of contract. Marx and its surety, Continental Casualty Company, appealed, arguing Koko's recovery was precluded by its failure to provide seven days' written notice before suspending work as required by the subcontract. The appellate court affirmed the lower court's decision, holding that Marx's prior material breach relieved Koko from its obligation to strictly comply with the notice provision, as the clause was primarily for the subcontractor's benefit regarding remobilization costs.

Construction ContractMaterial BreachNonpaymentSubcontractorGeneral ContractorAppealNotice to CureSuspension of WorkContract PerformanceContractual Obligations
References
9
Case No. 03-11-00327-CV
Regular Panel Decision
Feb 21, 2014

Cedar Contracting, Inc. and Lands & Leases, Inc. v. Ronald Hernandez and Connie Hernandez

This case involves a lease dispute between Cedar Contracting, Inc. and Lands & Leases, Inc. (Appellants) and Ronald Hernandez and Connie Hernandez (Appellees). Appellants appealed a trial court's summary judgment which declared that Cedar Contracting's assignment of its commercial lease rights and subsequent sublease violated the lease terms with Connie Hernandez. The appeals court affirmed the trial court's judgment, holding that the lease terminated upon Hernandez's notice of termination and that Cedar Contracting did not have an unrestricted right to assign or sublease the property without the landlord's consent. The court concluded that the phrase 'or its assigns' in the lease did not override the explicit restriction and found no error in the trial court's decision that Hernandez was justified in interfering with the sublease.

Lease DisputeCommercial LeaseAssignment of LeaseSubleaseLandlord ConsentSummary JudgmentContract InterpretationNotice of TerminationTortious InterferenceAttorney's Fees
References
32
Case No. 2025 NY Slip Op 01159
Regular Panel Decision
Feb 27, 2025

Matter of American Bridge Co. v. Contract Dispute Resolution Bd. of the City of N.Y.

The Appellate Division, First Department, affirmed a lower court's decision denying American Bridge Company's (AB) petition to annul a determination by the Contract Dispute Resolution Board (CDRB). AB, a contractor for the New York City Department of Transportation (DOT), sought additional compensation for redesigning a protective shield on the Ed Koch Queensboro Bridge due to a discrepancy in vertical clearance measurements. However, the contract explicitly required AB to verify all existing dimensions, noting that DOT's figures were approximate. The court concluded that the contract unambiguously placed the responsibility for verifying dimensions on the contractor, and DOT had not made any bad faith misrepresentations, thereby affirming the denial of additional costs.

Contract DisputeConstruction ContractPublic WorksContract InterpretationRisk AllocationField MeasurementsBid DocumentsMisrepresentationAdministrative AppealArticle 78 Proceeding
References
4
Case No. E2016-01155-COA-R3-CV
Regular Panel Decision
Dec 20, 2016

Aarene Contracting, LLC v. Krispy Kreme Doughnut

This case addresses whether a contractor's notice of violations under the Tennessee Prompt Pay Act, sent via Federal Express and e-mail, met the statutory requirement of registered or certified mail, return receipt requested. Aarene Contracting, LLC sued Krispy Kreme Doughnut Corporation for unlawfully withholding retainage and failing to establish an escrow account. The trial court initially granted summary judgment to Krispy Kreme, finding a lack of strict compliance with the notice provision. However, the Court of Appeals reversed this decision, ruling that substantial compliance is sufficient given that Krispy Kreme received actual notice and was not prejudiced. The case was remanded to the trial court to determine the appropriate relief for Aarene Contracting, LLC.

Construction LawPrompt Pay ActStatutory InterpretationNotice RequirementsSubstantial ComplianceStrict ComplianceSummary JudgmentAppellate ReviewTennessee LawRetainage
References
22
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