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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Contracts : Construction Contract – False Representation – Fraud

Contracts : Construction Contract – False Representation – Fraud

Where a school district brought claims including breach of contract, breach of warranty and negligence against a supplier of roofing materials in a dispute that arose from the allegedly faulty construction of a roof, the district court did not err in dismissing claims of fraud and constructive fraud because the plaintiff failed to plead a false representation or actual reliance, and summary judgment was proper for the defendant on claims of breach of warranty, breach of contract and negligence because the court properly determined that there was no evidence that the roofing material was at fault.

Judgment is affirmed.

Star City School District v. ACI Building Systems, LLC (MLW No. 70072/Case No. 15-3723 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Baker, J. (George Jay Bequette Jr., Little Rock, Arkansas, argued for appellant) (Richard D. Bennett, Memphis, argued for appellee).

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