SWMO, LLC v. Eagle Rigid Spans Inc., et al.Annotate this Case
SWMO, LLC appealed district court orders granting partial summary judgment to Mon-Dak Plumbing and Heating, Inc. and RK Electric relating to their work performed on a building owned by SWMO. SWMO contracted with Eagle Rigid Spans for the construction of a commercial building in Williston, North Dakota. Eagle was the general contractor and Mon-Dak and RK Electric were subcontractors for the project. Mon-Dak and RK Electric contracted with Eagle to provide HVAC, plumbing, and electrical work on the building. During construction, SWMO noticed defects in the materials and workmanship and believed the building was not properly constructed. The trial court ultimately awarded Mon-Dak $125,600 and RK Electric $114,242 from funds deposited into court by SWMO. SWMO claimed disputed issues of fact precluded summary judgment. The North Dakota Supreme Court determined The district court provided no analysis of the documents in its summary judgment orders. "By not addressing the evidence submitted by SWMO, the district court in effect found Mon-Dak’s and RK Electric’s evidence was more persuasive." In viewing the evidence in a light most favorable to SWMO at the time of the motions, SWMO raised a genuine issue of material fact, and Mon-Dak and RK Electric were not entitled to judgment as a matter of law. Although the court later found at trial that Eagle materially misrepresented the true amounts paid to its subcontractors, the court did not make findings on whether Eagle misrepresented the payments made to Mon-Dak and RK Electric. The Court therefore reversed and remanded for further findings relating to amounts Mon-Dak and RK Electric were entitled to recover from funds SWMO deposited into court; the parties' remaining arguments were without merit or not necessary to the Court's decision. The trial court was affirmed in all other respects.