C.R. Klewin, Inc. v. Flagship Properties, Inc.
Supreme Court of Connecticut
220 Conn. 569, 600 A.2d 772 (1991)
C.R. Klewin, Inc. (Klewin) (plaintiff) entered into an oral agreement with Flagship Properties, Inc. (Flagship) (defendant) to act as construction manager for Flagship’s housing construction project at the University of Connecticut. At a meeting between Klewin and Flagship representatives, Klewin agreed to be paid a percentage fee for construction management services, and the meeting concluded with the statement, “We’ve got a deal.” After completing the first stage of the work, for which the parties had a separate written agreement, Flagship replaced Klewin as construction manager with another firm. Klewin sued Flagship for, inter alia, breach of contract. Flagship moved for summary judgment claiming that the oral agreement was unenforceable because it fell within the Statute of Frauds, and therefore must be in writing to be enforceable. Flagship argued the agreement fell within the Statute because it could not be performed within one year due to the size of the project and because the parties anticipated the project to be completed within 3-10 years. The trial court granted summary judgment and Klewin appealed. The Court of Appeals for the Second Circuit certified two questions to the Supreme Court of Connecticut regarding application of the state’s statute of frauds.
Rule of Law
Holding and Reasoning (Peters, C.J.)
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