Emily Durst

The plaintiff construction management company sued the defendant property owner for wrongful termination of a pre-construction and construction services contract.

The defendant argued the termination was justified because the plaintiff repudiated the contract by failing to perform core duties, meet the target budget, and meet the completion date.

The court found that the plaintiff continued to perform its duties, the budget and timeline delays were caused by design and permitting issues outside the plaintiff's control, and the plaintiff did not repudiate the contract.

The court held the defendant terminated the contract without justification and awarded the plaintiff $281,345.52 in damages for lost profits and outstanding invoices, subject to the contractual interest rate.

The Court-appointed Receiver of Northwood Recycling & Energy Inc. moved for an order to relinquish assets subject to BNG Financial's purchase money security interest (PMSI) and to pay BNG $5,000 from the sale of a mixer.

BNG brought a cross-motion seeking compensation for the Receiver's use of the equipment during the receivership and for its diminished value.

The court granted the Receiver's motion and dismissed BNG's cross-motion, finding that BNG failed to establish a claim for unjust enrichment or breach of duty by the Receiver, as BNG could have taken steps to realize on its security at any time.