BrunoBuilt, Inc. v. Erstad Architects, PAAnnotate this Case
The issue this case presented for the Idaho Supreme Court's review centered on a residence in the Boise foothills that was damaged by a landslide, which ultimately prevented the builder from obtaining a certificate of occupancy. BrunoBuilt, Inc., the general contractor of the project, sued multiple parties, including Erstad Architects, PA, the architectural firm for the project, Andrew Erstad, the principal architect, and Cheryl Pearse, the project manager from Erstad Architects, PA (collectively, Defendants), for professional negligence in connection with work completed for construction of the residence. Defendants successfully moved for summary judgment on the basis that the two-year statute of limitations in Idaho Code section 5-219(4) barred BrunoBuilt’s claim. Two years after the district court issued its memorandum decision and order granting summary judgment, BrunoBuilt moved the district court for reconsideration, citing new evidence and arguments. The district court denied the motion for reconsideration, concluding it was “untimely, lacking in diligence, and improper.” BrunoBuilt then appealed, challenging the decision of the district court on summary judgment and additionally asserting that the court erred in an earlier order deconsolidating the cases with other defendants. Prior to oral argument, Defendants moved the Supreme Court to sanction counsel for BrunoBuilt pursuant to Idaho Appellate Rule 11.2 for non-disclosure of material procedural facts in its opening brief. After review, the Supreme Court affirmed the district court’s decision granting summary judgment against BrunoBuilt, and agreed that the conduct of BrunoBuilt’s attorney on appeal ran afoul of Rule 11.2, and imposed sanctions.