Multiplex, Inc., Plaintiff Below, Appellant v. Raleigh County Board of Education and School Building Authority Of…

Summary

The Supreme Court of West Virginia reversed the dismissal of Multiplex's 2009 lawsuit seeking delay damages under a school construction contract, holding that the 2007 settlement Release barred only claims arising from the wrongful acts alleged in Multiplex's 2006 complaint — the Board of Education's failure to timely relocate utility lines — and did not reach the later-occurring delays from tile and rooftop HVAC unit installation. Applying de novo review of a Rule 12(b)(6) dismissal and the rule that a release covers only matters within the parties' contemplation at execution, the court concluded the circuit court gave the Release too broad a reading. The matter was remanded for further proceedings.