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Gershenson Construction Co. v. Ledcor Construction, Inc.

Citations: 398 S.W.3d 527; 2013 WL 601128; 2013 Mo. App. LEXIS 199Docket: No. ED 98220

Court: Missouri Court of Appeals; February 18, 2013; Missouri; State Appellate Court

Narrative Opinion Summary

Ledcor Construction, Inc. appeals an amended judgment favoring Gershenson Construction Company, Inc., which was based on Gershenson's claims of breach of contract and foreclosure of a mechanic’s lien, as well as claims for attorneys’ fees, expert witness fees, and costs. Gershenson cross-appeals the judgment granted to Ledcor on claims of quantum meruit, rescission and abandonment, and violation of the retainage act. The court affirms the trial court’s decisions, finding no error of law in the proceedings. The memorandum provided to the parties outlines the reasons for this order, but an extended opinion is deemed unnecessary due to lack of precedential value.

Legal Issues Addressed

Attorneys’ Fees, Expert Witness Fees, and Costs

Application: The court affirmed the award of attorneys’ fees, expert witness fees, and costs to Gershenson Construction Company, Inc.

Reasoning: Ledcor Construction, Inc. appeals an amended judgment favoring Gershenson Construction Company, Inc., which was based on Gershenson's claims of breach of contract and foreclosure of a mechanic’s lien, as well as claims for attorneys’ fees, expert witness fees, and costs.

Breach of Contract

Application: The court upheld the judgment in favor of Gershenson Construction Company, Inc. for breach of contract against Ledcor Construction, Inc.

Reasoning: Ledcor Construction, Inc. appeals an amended judgment favoring Gershenson Construction Company, Inc., which was based on Gershenson's claims of breach of contract and foreclosure of a mechanic’s lien, as well as claims for attorneys’ fees, expert witness fees, and costs.

Foreclosure of Mechanic’s Lien

Application: The court affirmed the foreclosure of a mechanic’s lien in favor of Gershenson Construction Company, Inc.

Reasoning: Ledcor Construction, Inc. appeals an amended judgment favoring Gershenson Construction Company, Inc., which was based on Gershenson's claims of breach of contract and foreclosure of a mechanic’s lien, as well as claims for attorneys’ fees, expert witness fees, and costs.

Precedential Value of Judicial Opinion

Application: The court deemed an extended opinion unnecessary due to lack of precedential value.

Reasoning: The memorandum provided to the parties outlines the reasons for this order, but an extended opinion is deemed unnecessary due to lack of precedential value.

Quantum Meruit

Application: The court upheld the judgment against Gershenson Construction Company, Inc. on claims of quantum meruit in favor of Ledcor Construction, Inc.

Reasoning: Gershenson cross-appeals the judgment granted to Ledcor on claims of quantum meruit, rescission and abandonment, and violation of the retainage act.

Rescission and Abandonment

Application: The court affirmed the judgment against Gershenson Construction Company, Inc. on claims of rescission and abandonment.

Reasoning: Gershenson cross-appeals the judgment granted to Ledcor on claims of quantum meruit, rescission and abandonment, and violation of the retainage act.

Violation of the Retainage Act

Application: The judgment against Gershenson Construction Company, Inc. on the claim of violation of the retainage act was upheld.

Reasoning: Gershenson cross-appeals the judgment granted to Ledcor on claims of quantum meruit, rescission and abandonment, and violation of the retainage act.