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The court held the construction agreement was a cost-plus contract, rejected an alleged budget cap guarantee, and awarded Reid Developments unpaid invoices, financing losses, and a builder’s lien.
The guarantee, properly construed, authorized assignment without the guarantors' consent; the assignment to Asset did not constitute a material change in the guarantors' obligations; there was no credible evidence the court‑approved insolvency sale occurred at less than fair market value or that appellants suffered damages from any alleged conspiracy; and the summary judgment motion was not premature because appellants failed to use available procedural mechanisms to obtain the missing evidence. Therefore judgment on the guarantee and dismissal of the counterclaims were correct and the appeal…
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The appeal was dismissed because the appellants failed to adduce evidence that the respondent intended to deceive or knew of a concealment by Amlinger, and failed to demonstrate reliance or that they would have acted differently; given their ownership and oversight of the debtor, no triable issue existed and summary judgment enforcing the guarantees was properly granted.
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