Kutak Rock attorney Mike Brown led a team that received affirmance from the State of Kansas Court of Appeals in favor of the firm’s client, a major provider of personal and commercial banking services, in a case related to the construction of an apartment complex in Topeka, Kansas.
The client is the trustee of $15.715 million in bonds that were issued for the construction of the apartment complex. The owner of the apartments defaulted on the bonds and also failed to pay the mechanics’ liens held by the general contractor of the project. The general contractor sued multiple parties, and its claims against the firm’s client were for breach of contract and unjust enrichment, seeking damages in excess of $1 million. In early 2013 the Shawnee County District Court ruled in favor of the client on all claims against it by the general contractor, finding that the client was not liable for payment of the contractor’s liens.
The case then was taken to the Court of Appeals and on May 2, 2014 the court issued an opinion affirming the decision of the district court to grant summary judgment to the firm’s client.
To read the affirmation from the State of Kansas Court of appeals, click the link below.
State of Kansas Court of Appeals