Tag: Agreement
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Construction Expert’s Testimony on Financial Ability Excluded
This case arises out of the Parties’ failed construction contract. Plaintiff Fifth Side Lodging, LLC is an entity formed for the sole purpose of developing a Fairfield Inn and Townplace Suites hotel in Edina, Minnesota. Rise is a commercial contractor specializing in “multifamily and hospitality modular construction projects.” In May 2019, Fifth Side and Rise began negotiating…
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Law And Legal Expert Was Barred From Opining on the Trust Agreement
The Plaintiff, Christopher Ayash, is a named beneficiary of the Patricia Louise Ayash Living Trust (“Trust”), created by his late mother (“Grantor”) in 2002. The Trust also named two of the Grantor’s other sons as beneficiaries. The Defendants, David Barnette and Karl Hamm, serve as Trustees. The Trustees are directed to divide and hold the…
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Management Consulting Expert Witness’ Rebuttal Report on Breach of Warranty Counterclaim Admitted
This case involves contract disputes. The first contract between Plaintiff, SIS, LLC (“SIS”) and Defendant, Orion Group Holdings, Inc. was the Professional Services Agreement (“PSA”). It was entered into in June 2010. Under the PSA, Plaintiff provided software consulting services for Defendant. After over ten years of performance under the PSA, the parties entered into…


