Black Hills Excavating Servs., Inc. v. Retail Constr. Servs., Inc.

Black Hills Excavating Services, Inc. (BHE) and Retail Construction Services, Inc. (RCS) entered into three subcontract agreements pursuant to which BHE agreed to perform construction services for RCS. BHE later filed suit alleging that RCS breached the subcontracts. RCS counterclaimed against BHE for breach of contract and also filed a complaint against BHE’s president, Mitch Morris, alleging that he was personally liable for BHE’s actions. The circuit court entered judgment in favor of RCS and awarded damages but did not impose personal liability on Morris. The Supreme Court affirmed, holding (1) the circuit court did not clearly err in determining that BHE had breached the subcontracts and that RCS was not liable for breach of contract; and (2) Morris was not personally liable for the corporation’s acts. View "Black Hills Excavating Servs., Inc. v. Retail Constr. Servs., Inc." on Justia Law