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Warren Constr. Group, LLC v. Reis

Supreme Judicial Court of Maine

January 14, 2016

WARREN CONSTRUCTION GROUP, LLC
v.
LESLIE REIS et al

         Argued December 10, 2015

          On the briefs: David C. Pierson, Esq., Eaton Peabody, Portland, for appellants Leslie and Michael Reis.

         A. Robert Ruesch, Esq., and Taylor R. Neff, Esq., Verrill Dana, LLP, Portland, for appellee Warren Construction Group, LLC.

         At oral argument: David C. Pierson, Esq., for appellants Leslie and Michael Reis.

         Taylor R. Neff, Esq., for appellee Warren Construction Group, LLC.

         Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

          OPINION

Page 970

          GORMAN, J.

          [¶1] Leslie and Michael Reis appeal from a summary judgment entered in the Superior Court (Cumberland County, Cole, J. ) in favor of Warren Construction Group, LLC, on Warren's claims for breach of contract, violation of the Prompt Payment Act, 10 M.R.S. § § 1111-1120 (2015), and enforcement of a mechanic's lien. We conclude that the Reises did not preserve the argument they raise on appeal, and we affirm the judgment.

         I. BACKGROUND

          [¶2] The summary judgment record reveals the following undisputed facts, which we view in the light most favorable to the Reises, the nonprevailing parties. See Budge v. Town of Millinocket, 2012 ME 122, ¶ 12, 55 A.3d 484. The parties entered into an oral contract pursuant to which the Reises would pay Warren to renovate their house in Freeport. Warren began the project in late September of 2012, but stopped working in early February of 2013 when the Reises had yet to make any payments.

          [¶3] In May of 2013, Warren perfected a mechanic's lien on the Reises' property and filed a five-count complaint in the Superior Court. Warren alleged breach of contract (Count I), quantum meruit (Count II), unjust enrichment (Count III), violation of the Prompt Payment Act, 10 M.R.S. § § 1111-1120 (Count IV), and enforcement of its mechanic's lien (Count V). In the

Page 971

answer he filed, Michael Reis[1] admitted the following assertion: " Warren and the Reises entered into a binding contract for construction of the Project." Five months later, Warren moved for summary judgments on its breach of contract, ...


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