FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 2023-02-10, U.S. District Courts | Property | Graham encountered several obstacles during the drilling process. A. H & S's Appeal: Negligent Misrepresentation. Motion for Leave to Amend - Party: Defendant Graham Development & Construction Mgt Inc Defendant Roshdarda Management Trust & Holding Inc. Thus, in Housing Authority, we articulated an exception to the general rule that a competent and experienced contractor cannot rely upon submitted specifications and plans where he is fully aware, or should have been aware, that the plans and specifications cannot produce the proposed results. Id. Sign up for our free summaries and get the latest delivered directly to you. Record evidence shows that in April 2010, H & S hired Quality Testing Services, Inc., to determine the cause of the first Kelly bar break. Mich. 1940) Rule: Under the law, marriage is not merely a private contract between the parties, but creates 336, 602 S.W.2d 627 (1980). Our comprehensive range of in-house and vested partner services covers every critical aspect of project development, completion and lifecycle. We conclude that the district court abused its discretion in refusing to instruct the jury because Graham's proposed mitigation instruction is legally correct and there is evidence to support it. We provide brownfield services to industrial facilities including maintenance, turnarounds, sustaining capital projects, fabrication, commissioning and site start-up. Accordingly, the Supreme Court reversed and remanded. Id. See Day, 266 F.3d at 837. Sharp County, supra. Re: #7 Affidavit. ASMIK ALVADZHYAN VS TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ET AL. In November 1999, Earl met with Graham's representative, Lonnie Graham (jointly Graham), to discuss a construction project involving the installation of a roof with skylights over appellee's indoor pool area. Appellant, Graham Construction Co., Inc., appeals an order from the Carroll County Circuit Court entering judgment in favor of appellee, Roscoe T. Earl, in a construction case involving express and implied warranties. and However, the roof leaked again the next time it rained. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Annotate this Case. Get email updates from your favourite authors. Support local journalists and the next generation of journalists. McDermand later testified that he signed the lease agreement but did not read the fine print because he was confident that H & S was providing appropriate equipment for the project. On September 29, 2003, Earl amended his complaint, alleging that Graham contracted to replace a roof over Earl's pool area. 50(b) advisory comm. The basis of Graham's negligent misrepresentation claimthat H & S failed to exercise reasonable care in assuring the suitability of the drilling equipmentis the essence of a warranty action, through which a contracting party can seek to recoup the benefit of its bargain. Id. 50(b) on Graham's negligent misrepresentation claim. Earl paid appellant the full of sum of $3,481.00 prior to the commencement of the work. Dannix sued SWC, alleging that SWC negligently misrepresented that a particular type of paint was suitable for the project when, in fact, it was not. The most recent lawsuit argues that the Forest Service should be prohibited from reauthorizing use permits for the summer homes and the former Bible camp on Mount Graham. We possess the skills, experience and capabilities to deliver retrofit and improvement projects within the allotted schedule. We deliver the local news you need in these turbulent times on weekdays at 3 p.m. A welcome email is on its way. at 533, 573 S.W.2d at 322. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The work, which could begin as early as next month depending on contractor availability, will involve removing the roof membrane and panels below, and replacing both, Aitken said. (rh) (Entered: 08/12/2020), (#9) NOTICE of Direct Assignment as to Graham Construction Services, Inc. Consent/Reassignment Form due by 8/26/2020. Our cybersecurity newsletter course will teach you to protect yourself from cybercrime, Our cybersecurity newsletter course teaches you how to protect against cybercrime, Graham 'may never find out' what caused hospital roof failure, Letter: Saskatoon city hall offers vague reply on cost of green carts, Grosvenor Park home keeps 1950s identity in Modern Prairie makeover, Woman taken to hospital after Friday morning shooting in Saskatoon, Kings fans fire off donations for Edmonton girl with cancer after harassment at L.A. game, Online engagement survey launches for proposed downtown Saskatoon arena, district. If you do not agree with these terms, then do not use our website and/or services. Access articles from across Canada with one account. See also Carroll-Boone, supra. Graham answered, and the Carter v. Quick, 263 Ark. This site is protected by reCAPTCHA and the Google. (rh) (Entered: 08/12/2020), DocketDOCKET CORRECTION re: #5 Motion to Dismiss for Failure to State a Claim. Graham moved for post-verdict JMOL on three of the four counterclaims raised by H & S. As relevant to this appeal, Graham argued that H & S's claim for the value of the auger was barred by Graham's affirmative defense of unclean hands. On appeal from the district court's dismissal of the claim, we held that Dannix's claim for damages it incurred when the recommended product proved unsuitable is precisely the type of tort claim by a disappointed commercial buyer that the economic loss doctrine prohibits. Id. GRAHAM CONSTRUCTION COMPANY, INC., Appellant, v. Roscoe T. EARL, Appellee. We place a high value on these partnerships as they are a large part of our delivery system and a critical component of our overall success. Asked whether the failure described by SaskBuilds, the Crown corporation responsible for infrastructure projects, as significant would dampen interest in future projects, Reiter acknowledged that was a possibility. Because the district court refused to submit an estoppel instruction based exclusively on failure to disclose, any error in refusing the instruction cannot be predicated on evidence of affirmative representations made by H & S. Moreover, to the extent that Graham argues that the district court should have submitted the general equitable estoppel instruction it filed with the district court that addressed both failure to disclose and representations, that instruction was never tendered nor refused by the district court. We affirm the trial court's rulings. This case was filed in Palm Beach County 15th Judicial Circuit Courts, Main Branch located in Palm Beach, Florida. And it says the new buildings would cover almost 37% of the site, well in excess of the 20% allowed under current regulations. The parties agree that Missouri law governs this case. WebGraham Construction Services, Inc. Appeal from County Court at Law No. Earl requested that Graham use his installation procedures. And the best part of all, documents in their CrowdSourced Library are FREE! Graham appeals the district court's award of the value of the auger as well as the district court's refusal to submit Graham's defenses to the jury. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Specifically, the court is impressed by the fact that the leaks occurred with the first rain and continued thereafter. at 904. for Real Prop Homestead Res Fore - >$50K -, Gundersen, Andrea Ruth The implied warranty does not rest upon an agreement, but arises by operation of law and is intended to hold the builder-vendor to a standard of fairness. Get free summaries of new New Hampshire Supreme Court opinions delivered to your inbox! Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196, Bluestone Construction, Inc. v. Graham Construction Services, Inc. et al, (#14) SECOND NOTICE of Direct Assignment as to Travelers Casualty & Surety Company of America. The district court denied the motions. On September 18, 2002, Earl filed a complaint in the Eureka Springs District Court, seeking judgment of $4750.00 against Graham. The trial court stated that Graham was a competent and experienced contractor and should have been aware that the plans and specifications could not produce the proposed results. The trial court further found that evidence was not sufficient to prove that the leaks resulted from the inadequacy of Earl's materials or plans. Graham's own expert witness, Darrell Wolf, testified that the Lexan product was installed improperly every which way it could be installed improperly. Wolf testified that the skylights were installed horizontally rather than vertically, and were not turned with the pitch of the roof. Because these skylights were on the horizontal, Wolf stated that the water stand[s] there building up and sooner or later it's going to freeze, thaw, and break through[. The district court denied the motions and entered judgments as noted above. of Amcord, Inc., 91 F.3d 1094, 1098 (8th Cir.1996) (applying North Dakota law). (concluding that a party's possible negligence did not bar its claim for money damages by virtue of unclean hands because the party's right to proceed sounds in the contract between the parties and not in tort). Graham maintains that he did not know or should not have known that Earl's installation plans and specifications were unfit. H & S filed counterclaims asserting (i) breach of contract, (ii) unjust enrichment, (iii) breach of express warranties, and (iv) a claim for delivery or the value of the lost auger. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. (rh) (Entered: 08/12/2020), Docket(#9) NOTICE of Direct Assignment as to Graham Construction Services, Inc. Consent/Reassignment Form due by 8/26/2020. Graham represented to Earl that the roof would not leak. Following Graham's award of the Design Early Works Agreement for the Cariboo Memorial Hospital redevelopment, Graham is proud to announce that we have recently signed the design-build agreement for Phase 1 and the CM Agreement for Phase 2. The district court did err in this regard. [T]he evidence is not sufficient to prove that the leaks were coming because of the inadequacy of the material or the manner in which the material is installed. Contact us. Clerk's office added link to 8 Motion to Transfer and clarified docket text. (Collins, Matthew) Modified on 8/12/2020 to add link and clarify docket text. No. In August 2009, Graham obtained information to bid for the construction of a raw water intake structure (the project) for the city of Parshall, North Dakota. involving a dispute between WebAs one of North Americas leading construction companies, Graham depends on a wide network of supply chain partners (vendors, subcontractors and service providers). Given this experience, Graham would have known, based upon his competence and experience, that the plans that Earl produced would not achieve the desired result. All rights reserved. Id. Indeed, H & S acknowledged and the district court found that the claim depended upon the validity of the rental agreement. Two months after opening, Saskatchewan Hospital North Battleford needs entire roof replacement, North Battleford hospital P3 project delayed, tap here to see other videos from our team, the Saskatchewan government said Access Prairies Partnership on May 14 recommended replacing the roof after combined insulation and vapour barrier panels were discovered to have shrunk. You can explore additional available newsletters here. at 909. He further testified that the skylights were not the proper thickness to withstand Arkansas weather. Mortg. (BG) (Entered: 08/24/2020), (#11) MOTION for Extension of Time to File Response/Reply Unopposed Motion for Extension of Time to Serve and File Response to Defendants' Motion to Transfer and Motion to Dismiss by Bluestone Construction, Inc.. (Attachments: #1 Stipulation for Extension of Time to Serve and File Response to Defendants' Motion to Transfer and Motion to Diss)(Lautt, Steven) (Entered: 08/21/2020), (#10) NOTICE of Direct Assignment as to Travelers Casualty & Surety Company of America. Graham also argues that the district court abused its discretion in refusing to instruct the jury on its defense of failure to mitigate. However, Earl discovered that the roof leaked in several places approximately twelve days after the completion of the roof work. (rh) (Entered: 08/11/2020), Docket(#6) MEMORANDUM in Support re #5 MOTION to Dismiss for Failure to State a Claim, 8 MOTION to Transfer to Hennepin County District Court filed by Graham Construction Services, Inc., Travelers Casualty & Surety Company of America. As employee-owners, we prioritize open, transparent communications. to maintain a negligent misrepresentation claim against the seller based upon the seller's recommendation as to the fitness or performance of those goods. Id. Graham and Earl were, however, free to contract otherwise upon negotiating the service contract. In the legal profession, information is the key to success. What people have to realize is this is a product failure. On cross appeal, Graham raises three claims: (1) the defense of equitable estoppel bars any recovery on H & S's breach of contract claim; (2) the district court abused its discretion by failing to instruct the jury on Graham's defenses of estoppel and mitigation; and (3) the defense of unclean hands bars H & S's recovery on its claim for the 523, 573 S.W.2d 316 (1978), we stated: We are persuaded that where, as here, the owner supplies plans and specifications to a contractor detailing the work to be performed, the owner implicitly warrants the adequacy and suitability of the plans and specifications for the purpose for which they are tendered. Graham relies upon Housing Authority of the City of Texarkana v. E.W. At trial, Earl testified that he would supply the windows above the skylights and the stainless steel borders around them. (am) (Entered: 07/17/2020), Docket(#1) COMPLAINT against Graham Construction Services, Inc., Travelers Casualty & Surety Company of America (Filing fee $400, receipt number 120000895) filed by Bluestone Construction, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Payment Bond, #3 Exhibit 2 - Subcontract, #4 Exhibit 3 - Invoice #1682, #5 Exhibit 4 - Final Pay Application)(am) (Entered: 07/17/2020), U.S. District Courts | Contract | WebCase Summary The Appellant, Graham Construction and Engineering Inc., appealed an Order of a Master regarding the priority of which parties were to be distributed funds for unpaid invoices on a construction project pursuant to the Public Works Act, RSA 2000, c We have said that findings of fact of a trial court sitting as a jury will not be reversed on appeal unless clearly against a preponderance of the evidence. 32 other parties, including Graham, pursued claims against the interpleader funds but had 202, 563 S.W.2d 461 (1978). Saskatchewan Court of Queen's Bench Judicial Centre of Saskatoon Noble, J. August 3, 2001. Additionally, he requested the following incidental and consequential damages: (1) $750.09 for the cost of the skylights; (2) $334.73 for flashing and metal for the skylights; (3) $72.48 for lumber; (4) $125.00 for the replacement of a pool cover that was stained as a result of the leaking roof; (5) $3,000.00 for replacement of a pool liner as a result of stains due to a leaking roof; and (6) $300.00 for Earl's fifty hours of labor in scrubbing the pool deck and cleaning the stains as a result of a leaking roof. Please try again. As a result of the unsatisfactory performance of the equipment, Graham brought several claims for damages against H & S. H & S filed counterclaims seeking certain damages not paid under the lease, as well as the value of an auger that was lost during the drilling process. Clerk's office added link to 8 Motion to Transfer and clarified docket text. The trial court's findings regarding the terms of the agreement were not clearly against the preponderance of the evidence. When Earl, as the plaintiff, alleged and proved the terms of Graham's general warranty that the roof would not leak, which express warranty negated any implied warranties, Earl bore the responsibility of proving only that the roof leaked. After the close of evidence, H & S moved for judgment as a matter of law (JMOL) under Fed.R.Civ.P. Responses due by 9/18/2020. Thus, the doctrine of unclean hands does not bar H & S's recovery of the value of the auger. As an employee-owned company, we firmly believe our success depends on delivering the highest level of quality and service. Corp., 793 S.W.2d 366, 375 (Mo.Ct.App.1990). A decision by a district court to refuse a requested jury instruction is reviewed for abuse of discretion. Weitz Co. v. MH Washington, 631 F.3d 510, 533 (8th Cir.2011). In support of his argument, Graham cites Walker Ford Sales v. Gaither, 265 Ark. Graham sent two men to make repairs to the roof. Contact us. The intent is to do it as quickly and with as little disruption as possible, Aitken said. Defendant, Graham Development & Construction Mgt Inc (Collins, Matthew) (Entered: 08/11/2020), (#4) CONSENT/REASSIGNMENT FORM by Bluestone Construction, Inc. (rh) (Entered: 07/20/2020), (#3) NOTICE of Direct Assignment as to Bluestone Construction, Inc.. Consent/Reassignment Form due by 7/31/2020. The email address cannot be subscribed. Re: #6 Memorandum in Support. With over nine decades of experience, and offices Under Missouri law, [r]ecovery in tort for pure economic damages are only limited to cases where there is personal injury, damage to property other than that sold, or destruction of the property sold due to some violent occurrence. Captiva Lake Invs., LLC v. Ameristructure, Inc., No. As a general rule, where a contract contains an express warranty on the subject of an asserted implied warranty, the former is exclusive, and there is no implied warranty on the subject. Lets get to worktogether. Defendant, Sykes, Jonathan M However, in Housing Authority, we further stated: We are persuaded that where, as here, the owner supplies plans and specifications to a contractor detailing the work to be performed, the owner implicitly warrants the adequacy and suitability of the plans and specifications for the purpose for which they are tendered. Finally, Graham argues that the district court erred in denying JMOL in its favor on H & S's claim for the value of the auger because Graham's defense of unclean hands bars that claim. Therefore, the court finds that the plaintiff has met its [sic] burden of proof that there was a breach of the express warranty that the roof would not leak. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. H & S subsequently filed a motion for post-verdict JMOL under Fed.R.Civ.P. The trial court found that Graham gave an express warranty that the roof would not leak. In effect, [a]llowing [Graham] to maintain a negligent misrepresentation claim at this point would rewrite the parties' contract and reallocate the risk of loss. Id. Unlimited online access to articles from across Canada with one account. Graham answered, and the district court awarded Earl a judgment of $3,481.00, plus costs and interest. Graham contends that the district court erred in refusing to instruct the jury on its defense of equitable estoppel. at 908 n. 6. Several weeks later, the roof leaked a third time after a heavy rain. The question is whether the trial court was correct in determining that Graham's express warranty negates Earl's implied warranty. The majority opinion fails to do any analysis on this point. Any implied warranty created by Graham is inconsequential to our review on appeal because the critical issue involves the effect of Graham's express warranty on the implied warranty created by Earl in supplying the materials, plans, and specifications. Additionally, a contractor or builder impliedly warrants that the work he undertakes will be done in a good and workmanlike manner and will be reasonably fit for the intended purpose. Track Judges New Case, Cummings, Casey Id. WebGraham v. Eurosim Construction, et al. The same product will not be used in the replacement. was filed 202, 563 S.W.2d 461 (1978). We held that the owner who furnished the plans and specifications was liable to the contractor for damages resulting from faulty plans and specifications. The clean hands' doctrine does not bar a claim for money damages. Union Elec. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Stay up-to-date with how the law affects your life. Unauthorized distribution, transmission or republication strictly prohibited. WebGraham Development & Construction Mgt Inc, Graham, Alva Lee, Roshdarda Management Trust & Holding Inc., Ventra, Alice, represented by Cummings, Casey, Pro Expertise ranging from inception to financing, pre-construction, digital design and delivery, self-perform capabilities the breadth and depth of services and solutions we provide can meet any need and match any requirement. Ry. If Graham received the bid, it intended to execute the drilling itself. 275, 578 S.W.2d 23 (1979), for the proposition that an essential element of prevailing on a breach-of-warranty claim involves the proof of a causal connection between the breach of warranty and the damage to the roof. The $407-million Saskatchewan Hospital North Battleford's roof failed months after it opened. Password (at least 8 characters required). Graham requested that the following mitigation instruction be submitted to the jury with respect to H & S's breach of contract claim: If you find in favor of Hammer & Steel, you must find that Hammer & Steel failed to mitigate damages if you believe: First, Hammer & Steel replaced the second broken Kelly bar on the Sany SR 250 drill rig with the repaired Kelly bar that had been tested by Dr. Marion Russo and / or Hammer & Steel failed to disclose to Graham the May 20, 2010, e-mail from John Wilson to Joseph Dittmeier, and, Second, Hammer & Steel in one or more of the respects submitted in the above paragraph, thereby failed to use ordinary care, and. Judgment as a matter of law is appropriate when a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue. Fed.R.Civ.P. Additionally, in Bullington v. Palangio, 345 Ark. 3:23-CV-00009 | 2023-02-23, Los Angeles County Superior Courts | Property | This dispute arose between the lessor of drilling equipment, Hammer & Steel, Inc. (H & S), and its lessee, Graham Construction Services, Inc. (Graham), over the lease of drilling equipment for the construction of an underground water shaft. The trial court was in the superior position to determine the credibility of Earl's testimony. Moreover, the owner's breach of its implied warranty may not be cured by simply extending the time of the performance of a contractor's assignment. Therefore, where delays result, as here, because of faulty specifications and plans, the owner will have to respond in damages for the resulting additional expenses realized by the contractor. He repeatedly called Graham's workers to repair the roof, but it continued to leak after each rain. H & S also moved for JMOL on its claim for the value of the auger. Only when a [party's] conduct is the source of the claim is the equitable claim barred. Id. See also United States v. Spearin, 248 U.S. 132, 39 S.Ct. The consortium responsible for the $407-million Saskatchewan Hospital North Battleford says it may never find out what caused panels in the new facilitys This case was filed in U.S. District Earl also conducted research on the Lexan product, and drafted his own set of installation procedures based in part upon six bulletins that he gathered from the University of Arkansas. The owner has his new building designed according to plans. An express warranty on the subject of an asserted implied warranty is exclusive, and thus there is no implied warranty on the subject. We review de novo the district court's denial of a motion for judgment as a matter of law, using the same standards as the district court. Howard v. Mo. R. App. Here, H & S's claim for the value of the lost auger arises from its rental agreement with Graham. Aitken, in response to the same question, described the failure as a one-off.. Please try again. (am) (Entered: 07/17/2020), Docket(#2) Summons Issued as to Graham Construction Services, Inc., Travelers Casualty & Surety Company of America. at 533, 573 S.W.2d at 322. Our projects span across Canada, from our Davenport Diamond Guideway project in Toronto, ON, to We provide sound financial enabling and guidance using alternative delivery methods to ensure project success. (Attachments: #1 Exhibit A - Graham Business Filing Details)(Collins, Matthew) Modified on 8/12/2020 to add link and clarify docket text. In sum, Earl testified that Graham guaranteed me [the roof] wouldn't leak. Graham, on the other hand, asserted he never represented to Earl that the roof would not leak as a result of the product or procedures supplied by Earl. Carter v. Quick, 263 Ark. Standards: (cjs) (Entered: 08/31/2020), Docket(#13) SECOND NOTICE of Direct Assignment as to Graham Construction Services, Inc.. Consent/Reassignment Form due by 9/8/2020. (rh) (Entered: 08/11/2020), Docket(#5) MOTION to Dismiss for Failure to State a Claim and Motion to Transfer by Graham Construction Services, Inc., Travelers Casualty & Surety Company of America. One in support of the Royal University Hospital (RUH) in Saskatoon and the other in support of the Stollery Childrens Hospital in Edmonton. 2023 The Star Phoenix, a division of Postmedia Network Inc. All rights reserved. Because the district court's refusal to instruct deprived the jury from considering a viable defense to H & S's breach of contract claim, the instructional error was harmful, prejudicial, and reversible. Wheeling Pittsburgh Steel Corp. v. Beelman River Terminals, Inc., 254 F.3d 706, 714 (8th Cir.2001). Reply in Support of Petition for Review filed on behalf of City of Corpus Christi. Project Financing & Alternative Delivery Models, Pre-Construction & Early Contractor Involvement, Retrofits, Renovations, Modernizations & Improvements, Future-ready Data and Analytics in Focus for Graham, Progressive Design-Build Contract for Cariboo Memorial Hospital Awarded to Graham, Interchange and Inline BRT Station Project Washington State, Grahams continued support for Royal University Hospital & Stollery Childrens Hospital, Graham Recognized as one of Albertas Top Employers. You already receive all suggested Justia Opinion Summary Newsletters. (Collins, Matthew) Modified on 8/12/2020 to add link and clarify docket text. 320, 45 S.W.3d 834 (2001) (citing O'Mara v. Dykema, 328 Ark. On cross appeal, Graham raises three claims: (1) the defense of equitable estoppel bars H & S's recovery on its breach of contract claim; (2) the district court abused its discretion by failing to instruct the jury on Graham's defenses of estoppel and mitigation; and (3) the defense of unclean hands bars H & S's recovery on its claim for the value of the auger. With over nine decades of experience, and offices throughout North America, we deliver lasting value through projects that enable people and communities to live, work, move and grow in a rapidly changing world. It is not clear how long the work will take or how much it will cost, but Aitken noted it will be an expensive fix. Under the P3 model, the consortium and not the provincial government is on the hook for the cost of repairs. Response Waiver filed on behalf of Graham Construction Services, Inc. ITT Water and Wastewater USA, Inc. d/b/a Wedeco n/k/a Xylem Water Solutions USA, Inc. Marion Russo, the engineer who performed the testing, issued a report that called into question the viability of the metal that composed the Kelly bar. Although the statute is inapplicable to the present case because it involves the sale of goods, we are examining the service performed by Graham, and the principle should nevertheless apply. at 910. Similarly, Graham alleges that H & S's assurances and representations about the suitability of the drilling equipment for its project were a direct and proximate cause of the damages it incurred. GRAHAM CONSTRUCTION SERVICES, INC. Case: 20-0606 Case: 20-0606 Date Filed: 08/05/2020 Case Type: Petition for Review under Tex. P. 53.1 Style: Late Monday night, Graham Construction issued a statement to Global News in which it said it was deeply disappointed by the governments actions and that Please see our Privacy Policy. Even so, under freedom to contract principles, parties are free to contract otherwise. The Graham-Johnson family is suing the city, saying its constitutional rights were violated.
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