ARR Roofing, LLC v. Nebraska Furniture Mart, Inc.

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Douglas County, Judge W. Russell Bowie

Attorneys for Appellant: Heather S. Voegele, Gretchen L. McGill (Dvorak Law Group, LLC)

Attorneys for Appellee Nebraska Furniture Mart: Brian T. McKernan, Nicole K. Griffard (McGrath North Mullins & Kratz)

Attorneys for Appellee Benchmark: Thomas K. Guilfoyle, Nicholas F. Sullivan (Erickson Sederstrom)

Civil Action: Contract, Breach of Implied Warranty, Negligent and Fraudulent Misrepresentation, and Tortious Interference

Action Taken by Trial Court:  Court granted Appellee’s motion for summary judgment on all claims and dismissed the complaint.

Assignments of Error on Appeal:  Appellant assigns, consolidated, renumbered and rephrased, that the district court erred in 1) granting summary judgment in favor of Neb. Furniture Mart (“NFM”) and Benchmark, 2) finding that NRM did not breach its contract, 3) finding that ARR Roofing (“ARR”) is estopped from claiming breach of contract, 4) finding that ARR agreed to Change Order 1 and cannot seek additional compensation for the additional work, 5) finding that ARR’s acceptance of payment pursuant to Change Order 1 constitutes accord and satisfaction, 6) finding that ARR was not entitled to a 25% markup for any additional work required, 7) finding that Benchmark was a design professional acting within the scope of its contractual obligations and was entitled to the design professional’s privilege.

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Pirtle, Arterburn, and Welch, Judges