Contracts — construction loans — duty

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Wisconsin Court of Appeals

Civil

Contracts — construction loans — duty

After a dispute with their homebuilder, McCollum Homes, LLC, Sheku and Janet Kamara brought a complaint alleging breach of contract and negligence against McCollum, their lender M&I Marshall & Ilsley Bank, and its disbursing agency, Heritage Title Services, Inc. M&I and Heritage Title filed motions for summary judgment which were granted by the trial court. This appeal renews the Kamaras’ failed argument that M&I and Heritage Title had contractual and common law duties to ensure work represented in the homebuilder’s draw request was satisfactorily completed before a distribution of funds. Because the contract agreements clearly disclaim any such duty and there is no independent basis for a common law duty, we affirm the trial court. Not recommended for publication in the official reports.

2010AP2828 Kamara v. McCollum Homes LLC, et al.

Dist II, Waukesha County, Bohren, J., Neubauer, P.J.

Attorneys: For Appellant: Stevens, Daniel W., Brookfield; Kuss, Rudolph J., Brookfield; For Respondent: Gutenkunst, Kathryn S., Waukesha; Harris, Benjamin J., Milwaukee; Kreiter, Maria L., Milwaukee