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Justia Daily Opinion Summaries

Idaho Supreme Court - Civil
February 6, 2020

Table of Contents

Brunobuilt, Inc. v. Strata, Inc.

Construction Law, Contracts, Professional Malpractice & Ethics, Real Estate & Property Law

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Idaho Supreme Court - Civil Opinions

Brunobuilt, Inc. v. Strata, Inc.

Docket: 46638

Opinion Date: February 5, 2020

Judge: Bevan

Areas of Law: Construction Law, Contracts, Professional Malpractice & Ethics, Real Estate & Property Law

BrunoBuilt, Inc. appealed a district court’s dismissal of its claims against Strata, Inc., Chris Comstock, H. Robert Howard, and Michael Woodworth (collectively, “the Strata Defendants”). BrunoBuilt filed a professional negligence action against the Strata Defendants alleging that when the Strata Defendants rendered engineering services for the Terra Nativa Subdivision they failed to identify a pre-existing landslide and negligently failed to recommend construction of infrastructure that would stabilize and prevent further landslides within the Subdivision. A home BrunoBuilt had contracted to build and the lot on which the dwelling was located were allegedly damaged as a result. The district court dismissed BrunoBuilt’s claims after holding that the parties had entered into an enforceable settlement agreement, or alternatively, that summary judgment was warranted in favor of the Strata Defendants based on the economic loss rule. After review of the situation, the Idaho Supreme Court affirmed the district court judgment because the parties entered into an enforceable settlement agreement.

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