Re: #6 Memorandum in Support. Despite this setback, H & S confirmed that the drill was more than enough machine to complete the project. Co. v. Sw. Bell Tel. Under Missouri law, [r]ecovery in tort for pure economic damages are only limited to cases where there is personal injury, damage to property other than that sold, or destruction of the property sold due to some violent occurrence. Captiva Lake Invs., LLC v. Ameristructure, Inc., No. H & S also moved for JMOL on its claim for the value of the auger. Expertise ranging from inception to financing, pre-construction, digital design and delivery, self-perform capabilities the breadth and depth of services and solutions we provide can meet any need and match any requirement. Response Waiver filed on behalf of Graham Construction Services, Inc. ITT Water and Wastewater USA, Inc. d/b/a Wedeco n/k/a Xylem Water Solutions USA, Inc. (cjs) (Entered: 08/31/2020), (#13) SECOND NOTICE of Direct Assignment as to Graham Construction Services, Inc.. Consent/Reassignment Form due by 9/8/2020. Consent/Reassignment Form due by 9/8/2020. Mich. 1940) Rule: Under the law, marriage is not merely a private contract between the parties, but creates Plaintiff Tycollo Graham appealed a superior court order dismissing his lawsuit against defendants ProCon, Inc. and Eurosim Construction, on res judicata grounds. If Graham received the bid, it intended to execute the drilling itself. You're all set! 936 (E.D. If you don't see it, please check your junk folder. We ask you to keep your comments relevant and respectful. Regardless of purpose, every project is meticulously built to meet the specified parameters of performance, quality, durability, safety and long-term value. H & S contends that Missouri's economic loss doctrine bars Graham from recovering under a negligent misrepresentation theory. We deliver the local news you need in these turbulent times on weekdays at 3 p.m. A welcome email is on its way. GRJ LLC is owned by Graham and Gregory Jones, New Jersey brothers whose business model is built on renovating buildings and getting rid of rent-stabilized McDermand later testified that he signed the lease agreement but did not read the fine print because he was confident that H & S was providing appropriate equipment for the project. Learn more about FindLaws newsletters, including our terms of use and privacy policy. It operates from a network of offices throughout the UK and Ireland with its head office in Hillsborough, NI, and boasts over 1,400 employees with a turnover of 727m. Copyright 2023, Thomson Reuters. In Walker Ford Sales, we held that there was substantial evidence to support the trial court's findings that the manufacturer and retailer breached their express warranty because of the defective condition of the car from the time of sale. at 907. Only when a [party's] conduct is the source of the claim is the equitable claim barred. Id. (concluding that a party's possible negligence did not bar its claim for money damages by virtue of unclean hands because the party's right to proceed sounds in the contract between the parties and not in tort). (rh) (Entered: 08/12/2020), (#8) MOTION to Transfer to Hennepin County District Court by Graham Construction Services, Inc., Travelers Casualty & Surety Company of America. The trial court ruled that the skylights were thinner than the recommendation by the manufacturer, that the skylights were installed horizontally rather than vertically, that the skylights were not sealed properly, and that the skylights were not installed according to the manufacturer's recommendations. (am) (Entered: 07/17/2020), Docket(#1) COMPLAINT against Graham Construction Services, Inc., Travelers Casualty & Surety Company of America (Filing fee $400, receipt number 120000895) filed by Bluestone Construction, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Payment Bond, #3 Exhibit 2 - Subcontract, #4 Exhibit 3 - Invoice #1682, #5 Exhibit 4 - Final Pay Application)(am) (Entered: 07/17/2020), U.S. District Courts | Contract | Asked whether the failure described by SaskBuilds, the Crown corporation responsible for infrastructure projects, as significant would dampen interest in future projects, Reiter acknowledged that was a possibility. submitted by Amber Lynne McKeon-Mueller of Austin. Our projects span across Canada, from our Davenport Diamond Guideway project in Toronto, ON, to We provide sound financial enabling and guidance using alternative delivery methods to ensure project success. Law360 takes your privacy seriously. Finally, one place to get all the court documents we need. Additionally, he requested the following incidental and consequential damages: (1) $750.09 for the cost of the skylights; (2) $334.73 for flashing and metal for the skylights; (3) $72.48 for lumber; (4) $125.00 for the replacement of a pool cover that was stained as a result of the leaking roof; (5) $3,000.00 for replacement of a pool liner as a result of stains due to a leaking roof; and (6) $300.00 for Earl's fifty hours of labor in scrubbing the pool deck and cleaning the stains as a result of a leaking roof. On cross appeal, Graham raises three claims: (1) the defense of equitable estoppel bars any recovery on H & S's breach of contract claim; (2) the district court abused its discretion by failing to instruct the jury on Graham's defenses of estoppel and mitigation; and (3) the defense of unclean hands bars H & S's recovery on its claim for the value of the auger. 2. The project was completed on time and on budget, but the owner has an unfavorable reaction to the finished construction. GRAHAM CONSTRUCTION SERVICES INC v. HAMMER STEEL INC. The implied warranty does not rest upon an agreement, but arises by operation of law and is intended to hold the builder-vendor to a standard of fairness. Graham timely appealed to the Carroll County Circuit Court. Requested response to petition for review due no later than October 19, 2020. All rights reserved. GRAHAM CONSTRUCTION SERVICES, INC., PlaintiffAppellee v. HAMMER & STEEL INC., DefendantAppellant. Re: #7 Affidavit. You already receive all suggested Justia Opinion Summary Newsletters. Carroll-Boone Water Dist. Graham first argues that the district court erred in denying JMOL in its favor on H & S's breach of contract claim because Graham's defense of equitable estoppel bars the claim as a matter of law. WebLaw School Case Brief; Graham v. Graham - 33 F. Supp. the construction company who did the demolition told the Albany Times Union there was no way of knowing the two connected buildings shared a wall. Creating vibrant and sustainable communities through the development of mixed-use, multi-family residential, office, industrial and retail projects. We encountered an issue signing you up. Accordingly, we affirm. The Court also adopted a prospective rule that a dismissal order resulting from a plaintiffs violation of a court order or a procedural rule that is silent as to prejudice will be deemed to be without prejudice and, therefore, not on the merits for the purposes of res judicata. 50(b) advisory comm. This isnt a workmanship failure, said Colin Aitken, senior vice president of buildings for project design-builder Graham Construction & Engineering Inc. This is not something that was easily controlled. Our industry-leading innovation and long-standing commitment to excellence at every level is exemplified across the complete spectrum of projects, industrial facilities, public infrastructure and community development. See also Carroll-Boone, supra. Weve set the standard for what a full-service construction solutions partner should be. Housing Authority, 264 Ark. On September 29, 2003, Earl amended his complaint, alleging that Graham contracted to replace a roof over Earl's pool area. [T]he evidence is not sufficient to prove that the leaks were coming because of the inadequacy of the material or the manner in which the material is installed. Law360 provides the intelligence you need to remain an expert and beat the competition. Specifically, Graham contends that he excluded the skylight materials and installation procedure from his express warranty that the roof would not leak. The case status is Pending - Re: #6 Memorandum in Support. That revelation came after water leaked into the building less than a week after it opened. Record evidence shows that in April 2010, H & S hired Quality Testing Services, Inc., to determine the cause of the first Kelly bar break. 523, 573 S.W.2d 316 (1978), for the proposition that when an owner supplies plans and specifications to a contractor, an implied warranty arises that the owner's plans and specifications are adequate and suitable for the particular project. On July 08, 2019 a We are further persuaded that this implied warranty is not nullified by any stipulation requiring the contractor to make an on-site inspection where the repairs are to be made and a requirement that the contractor examine and check the plans and specifications. In that case, an employee from the SherwinWilliams Company (SWC) recommended that Dannix Painting, LLC, (Dannix) use a particular product to paint buildings at the Eglin Air Force Base in Florida. Bursch, 971 F.2d at 112; see Friedman & Friedman, Ltd. v. Tim McCandless, Inc., 606 F.3d 494, 501 (8th Cir.2010) (The refusal to instruct the jury on a defense that was supported by sufficient evidence to create a triable issue was an abuse of discretion.). Mortg. On cross appeal, Graham raises three claims: (1) the defense of equitable estoppel bars H & S's recovery on its breach of contract claim; (2) the district court abused its discretion by failing to instruct the jury on Graham's defenses of estoppel and mitigation; and (3) the defense of unclean hands bars H & S's recovery on its claim for the value of the auger. On September 18, 2002, Earl filed a complaint in the Eureka Springs District Court, seeking judgment of $4750.00 against Graham. See Day, 266 F.3d at 837. As an employee-owned company, we firmly believe our success depends on delivering the highest level of quality and service. The estoppel instruction tendered and refused by the district court centered on H & S's alleged failure to disclose to Graham the April 6, 2010, report of Dr. Marion Russo or the May 20, 2010, e-mail from John Wilson to Joseph Dittmeier. But on appeal, Graham shifts its theory with respect to equitable estoppel and argues that it was entitled to an instruction not based on H & S's failure to disclose, but on evidence that H & S made false representations which Graham relied upon to its detriment. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Earl paid appellant the full of sum of $3,481.00 prior to the commencement of the work. (BG) (Entered: 08/24/2020), Docket(#11) MOTION for Extension of Time to File Response/Reply Unopposed Motion for Extension of Time to Serve and File Response to Defendants' Motion to Transfer and Motion to Dismiss by Bluestone Construction, Inc.. (Attachments: #1 Stipulation for Extension of Time to Serve and File Response to Defendants' Motion to Transfer and Motion to Diss)(Lautt, Steven) (Entered: 08/21/2020), Docket(#10) NOTICE of Direct Assignment as to Travelers Casualty & Surety Company of America. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. W.3d , (Mo.Ct.App. The district court denied the motions and entered judgments as noted above. Case Summary On 03/17/2022 WALKER, LEE Mfiled a Contract - Debt Collection lawsuit against GRAHAM CONSTRUCTION INC. Dannix sued SWC, alleging that SWC negligently misrepresented that a particular type of paint was suitable for the project when, in fact, it was not. The trial court was in the superior position to determine the credibility of Earl's testimony. If you do not agree with these terms, then do not use our website and/or services. See also United States v. Spearin, 248 U.S. 132, 39 S.Ct. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The jury awarded Graham $420,194.40 in economic losses on its negligent misrepresentation claim. In Housing Authority of City of Texarkana v. E.W. We are further persuaded that this implied warranty is not nullified by any stipulation requiring the contractor to make an on-site inspection where the repairs are to be made and a requirement that the contractor examine and check the plans and specifications. The district court did err in this regard. (rh) (Entered: 08/12/2020), Docket(#9) NOTICE of Direct Assignment as to Graham Construction Services, Inc. Consent/Reassignment Form due by 8/26/2020. Moreover, the owner's breach of its implied warranty may not be cured by simply extending the time of the performance of a contractor's assignment. In October 1999, one month prior to their meeting, Earl consulted with two engineers on how to put on the roofing, and based upon the recommendations of the engineers, he chose a six-millimeter Lexan plastic panel for the skylight. Graham contends that the district court erred in refusing to instruct the jury on its defense of equitable estoppel. Our employee-ownership culture, giving back to our communities, in-house learning opportunities, and our health and safety focused environment were just a few highlights that made Were proud to share that nine of our projects made the annual Top100 Projects Report! Get email updates from your favourite authors. However, we are mindful that this case is an anomaly, as there is no written contract. at 533, 573 S.W.2d at 322. Why is this public record being published online? Graham answered, and the district court awarded Earl a judgment of $3,481.00, plus costs and interest. H & S subsequently filed a motion for post-verdict JMOL under Fed.R.Civ.P. motion-for-leave-to-amend-party-defendant-graham-development-construction-mgt-inc-defendant-roshdarda-management-trust-holding-inc-defendant-ventra-alice-defendant-ventra-alice-defendant-graham-alva-lee, WBL SPO I LLC Plaintiff vs. Graham Development & Construction Mgt Inc, et al Defendant. We held that the owner who furnished the plans and specifications was liable to the contractor for damages resulting from faulty plans and specifications. The paint delaminated on both interior and exterior surfaces resulting in financial loss to Dannix. Travelers Casualty & Surety Company of America, Stipulation for Extension of Time to Serve and File Response to Defendants', Exhibit A - Graham Business Filing Details, Docket(#14) SECOND NOTICE of Direct Assignment as to Travelers Casualty & Surety Company of America. Thus, in Housing Authority, we articulated an exception to the general rule that a competent and experienced contractor cannot rely upon submitted specifications and plans where he is fully aware, or should have been aware, that the plans and specifications cannot produce the proposed results. Id. In addition to Graham, Access Prairies Partnership included Carillion Canada, Gracorp Capital Advisors, Carillion Private Finance, Kasian Architecture Interior Design and Planning and WSP Canada. For these reasons, we cannot say that the trial court's ruling was clearly against a preponderance of the evidence. Justia Opinion Summary. For his second point on appeal, Graham argues that the trial court erred in finding that Graham's express warranty included the skylight materials, plans, or specifications provided by Earl. Here, the trial court found that, after denying Graham's motion for directed verdict, [t]he burden then shifts to defendant [Graham] to prove that there was no warranty or that the defendant is not responsible under the warranty due to defective materials or specifications supplied by the plaintiff [Earl], or for some other reason.. Id. Having nine projects on the list qualifies us for the Gold group of Top100 Projects. Try our Advanced Search for more refined results. According to Earl, the leaks did not stop, and the roof was never adequately repaired. Because H & S's claim sounds in contract, the source of H & S's right to recover the value of the auger stems from the parties' agreed allocation of risknot negligence on the part of H & S. See id. Roshdarda Management Trust & Holding Inc., The district court denied the motions. The Graham-Johnson family is suing the city, saying its constitutional rights were violated. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Our Early Contractor Involvement and Pre-Construction work methodically optimizes design, then plans and organizes the services required for successful project delivery. (rh) (Entered: 08/12/2020), (#9) NOTICE of Direct Assignment as to Graham Construction Services, Inc. Consent/Reassignment Form due by 8/26/2020. Marion Russo, the engineer who performed the testing, issued a report that called into question the viability of the metal that composed the Kelly bar. The jury returned a verdict in favor of H & S for its breach of contract claim in the amount of $197,238 and in favor of Graham for its negligent misrepresentation claim in the amount of $420,194.40. For his third point on appeal, Graham argues that the trial court clearly erred in shifting the burden of proof to Graham, and that in proving a breach of Graham's warranty, Earl bore the burden of proving that the leaky roof was caused by Graham's work and materials. Having jurisdiction under 28 U.S.C. By Michelle Casady (June 29, 2020, 5:55 PM EDT) -- The city of Corpus Christi can't get out of a lawsuit brought by Graham Construction Services over a soured $50 million contract to build a wastewater treatment plant, a Texas appellate court has affirmed. Access to case data within articles (numbers, filings, courts, nature of suit, and more. 310, 942 S.W.2d 854 (1997)), we have said that by operation of law, a builder-vendor gives implied warranties of habitability, sound workmanship, and proper construction. Earl documented the leaks and made diagrams of the locations of the leaks to give to Graham's workers. They create concrete business ethics that strengthen our ability to deliver value to our clients. After four to six attempts, Graham made no further efforts to repair the roof. We are an employee-owned construction solutions partner with revenues exceeding $4 billion annually. Because Dannix sought recovery of purely economic (i.e.pecuniary) damages through its negligent misrepresentation claim, we concluded that the economic loss doctrine bars recovery on that claim. The hospital, which was built using a public-private partnership and combines a 188-bed psychiatric hospital and 96-bed correctional centre for inmates with mental health issues, opened March 8. Defendant, Sykes, Jonathan M ] The parties do not dispute that fact. GRAHAM CONSTRUCTION COMPANY, INC., Appellant, v. Roscoe T. EARL, Appellee. On appeal from the district court's dismissal of the claim, we held that Dannix's claim for damages it incurred when the recommended product proved unsuitable is precisely the type of tort claim by a disappointed commercial buyer that the economic loss doctrine prohibits. Id. Graham contends that evidence in the record supports an estoppel instruction and that the district court's failure to instruct the jury in this respect had a probable effect on the verdict. 1:17-CV-00084 | 2017-04-27, U.S. District Courts | Other | We place a high value on these partnerships as they are a large part of our delivery system and a critical component of our overall success. As the majority opinion correctly concludes, the question on appeal is whether the trial court was correct in determining that Graham's express warranty negates Earl's implied warranty. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. A party is entitled to have an instruction setting forth its theory of the case if the instruction is legally correct and supported by the evidence. Bursch v. Beardsley & Piper, 971 F.2d 108, 112 (8th Cir.1992). The consortium responsible for the $407-million Saskatchewan Hospital North Battleford says it may never find out what caused panels in the new facilitys roof to fail, necessitating a costly complete replacement. R. App. The Judge overseeing this case is CHEESMAN , MAXINE. This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. R. App. The project is located in Washington State within the City of To show our continued support for healthcare in our communities, we were excited to sponsor two radiothons again this year! The Kelly bar broke on two more occasions while Graham attempted to recover the auger from the bottom of the shaft. In this case, when Earl supplied Graham with the materials, plans, and specifications, an implied warranty was created as to the adequacy and suitability of those materials, plans, and specifications. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. It was the trial court's responsibility, sitting as the finder of fact, to determine the terms of the warranty. Id. Ry. (Collins, Matthew) (Entered: 08/11/2020), (#4) CONSENT/REASSIGNMENT FORM by Bluestone Construction, Inc. (rh) (Entered: 07/20/2020), (#3) NOTICE of Direct Assignment as to Bluestone Construction, Inc.. Consent/Reassignment Form due by 7/31/2020. We affirm the trial court's rulings. There was a general warranty that the roof would not leak, and the court finds no evidence that the skylights were excluded from the warranty that the roof would not leak. On 03/17/2022 WALKER, LEE M filed a Contract - Debt Collection lawsuit against GRAHAM CONSTRUCTION INC. All rights reserved. As a result of the unsatisfactory performance of the equipment, Graham brought several claims for damages against H & S. H & S filed counterclaims seeking certain damages not paid under the lease, as well as the value of an auger that was lost during the drilling process. at 533, 573 S.W.2d at 322. Stay up-to-date with how the law affects your life. Motion for Leave to Amend - Party: Defendant Graham Development & Construction Mgt Inc Defendant Roshdarda Management Trust & Holding Inc. Graham also argued that H & S was equitably estopped from bringing its breach of contract claim. at 533, 573 S.W.2d at 322 (emphasis added). (rh) (Entered: 08/12/2020), Docket(#8) MOTION to Transfer to Hennepin County District Court by Graham Construction Services, Inc., Travelers Casualty & Surety Company of America. GRAHAM Construction Case Study 13 January 2022 GRAHAM Construction is a privately-owned contractor with an impressive 200-year history. The trial court also found that Earl gave an implied warranty of the adequacy and suitability of the materials, plans, and specifications that he supplied. P. 53.1 Style: Graham encountered several obstacles during the drilling process. Johnson Construction Co., 264 Ark. This case was filed in U.S. District Accordingly, we have no basis to conclude that the doctrine of equitable estoppel bars H & S's breach of contract claim as a matter of law. A civil cover sheet must be electronically filed along with the notice of Specifically, Graham contends that Earl impliedly warranted that his installation plans and specifications were fit for the purpose of constructing a skylight over his indoor pool. Carter v. Quick, supra. Furthermore, Graham argues that the district court was not free to ignore the jury's factual findings regarding H & S's misrepresentations. Unlimited online access to articles from across Canada with one account. (2001 Q.B.G. Ventra, Alice, The intent is to do it as quickly and with as little disruption as possible, Aitken said. We reject Graham's argument. From this order, Graham brings its appeal. We observe that this case provides yet another example of the federal judiciary applying Missouri's economic loss doctrine without clear guidance from the Missouri Supreme Court. However, a competent and experienced contractor cannot rely upon submitted specifications and plans where he is fully aware, or should have been aware, that the plans and specifications cannot produce the proposed results. On appeal, H & S argues that the district court erred in denying JMOL in its favor on Graham's negligent misrepresentation claim. The trial court stated that Graham was a competent and experienced contractor and should have been aware that the plans and specifications could not produce the proposed results. The trial court further found that evidence was not sufficient to prove that the leaks resulted from the inadequacy of Earl's materials or plans. With over nine decades of experience, and offices One in support of the Royal University Hospital (RUH) in Saskatoon and the other in support of the Stollery Childrens Hospital in Edmonton. Travelers Casualty and Surety Company of America v. Donoe Redevelopment Partners, LLC et al. Graham, Alva Lee, Please try again. We utilize a complete spectrum of digital pre-construction and building information technologies to deliver smarter solutions to complex construction challenges. 2023 The Star Phoenix, a division of Postmedia Network Inc. All rights reserved. Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). We are an employee-owned construction solutions partner with revenues exceeding $4 billion annually. (rh) (Entered: 08/11/2020), (#6) MEMORANDUM in Support re #5 MOTION to Dismiss for Failure to State a Claim, 8 MOTION to Transfer to Hennepin County District Court filed by Graham Construction Services, Inc., Travelers Casualty & Surety Company of America. Multiple motion relief document filed as one relief. Create an account or sign in to continue with your reading experience. Responses due by 9/18/2020. The parties tried the claims to a jury in January 2013. After the close of evidence, H & S moved for judgment as a matter of law (JMOL) under Fed.R.Civ.P. We note that as a basis for awarding Graham damages on its negligent misrepresentation claim, the jury found that H & S falsely represented to Graham that the leased equipment was appropriate for and capable of completing the drilling project. We cannot say that the trial court erred on this point. Appellant, Graham Construction Co., Inc., appeals an order from the Carroll County Circuit Court entering judgment in favor of appellee, Roscoe T. Earl, in a construction case involving express and implied warranties. at 910. See Autry Morlan, 332 S.W.3d at 192. Stay up-to-date with how the law affects your life. Offices See Smalley v. Duluth, Winnipeg & Pac. Here, Graham's express warranty that the roof would not leak, coupled with his implied warranty of sound workmanship and proper construction under Bullington, supra, are consistent with one another and take precedence over Earl's implied warranty of his material, plans, and specifications. Copyright 2023, Thomson Reuters. of Amcord, Inc., 91 F.3d 1094, 1098 (8th Cir.1996) (applying North Dakota law). Graham's subcontract was based on its original estimate of the project cost, which took into account the price that H & S had provided for leasing the equipment. Since the question of the preponderance of the evidence turns largely on the credibility of the witnesses, we defer to the superior position of the trial court. As to the counterclaims, the jury awarded H & S $197,238 for breach of contract plus an award made by the district court of an additional $52,387 for the value of the lost auger. Additionally, a contractor or builder impliedly warrants that the work he undertakes will be done in a good and workmanlike manner and will be reasonably fit for the intended purpose. We reverse the jury's verdict and judgment of $420,194.40 in favor of Graham and enter judgment in favor of H & S on Graham's claim for negligent misrepresentation as the claim is barred by the economic loss doctrine. On October 13, 2003, Graham answered, raising the defenses of estoppel and waiver and stating that Earl's cause of action was a direct result of his action or inaction regarding both the design of the skylights in question and the materials provided to be used in accordance with Earl's design. Subscribe now to read the latest news in your city and across Canada. Judgment as a matter of law is appropriate when a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue. Fed.R.Civ.P. Therefore, we vacate the jury's award of $197,238 in favor of H & S on its breach of contract claim and remand to the district court for a new trial limited to the issue of damages. Therefore, we have no basis for concluding that the district court erred. H & S asserts that Graham waived its argument because Graham did not seek JMOL with respect to H & S's breach of contract claim in an initial Rule 50(a) motion.

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