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Contracts Keyed to Templin
Christiana Mall, LLC v. Emory Hill & Co.
Citation:
90 A.3d 1087 (Del. 2014)Facts
Emory Hill, a general contractor, performed construction services for Mrfruz, a tenant at Christiana Mall, with the mall’s written permission. When Mrfruz failed to pay, Emory Hill filed a mechanics’ lien complaint against both Mrfruz and Christiana Mall on October 17, 2012. Christiana was served on November 7, 2012, and immediately forwarded the complaint to its tenant Mrfruz, who agreed to defend and indemnify Christiana per their lease agreement. Christiana relied on Mrfruz’s attorney’s representations that extensions had been secured and settlement negotiations were ongoing. Christiana made minimal efforts to verify these claims and failed to retain its own counsel. After Christiana failed to answer the complaint, Emory Hill obtained a default judgment on January 30, 2013. Christiana moved to vacate the judgment on April 26, 2013, claiming excusable neglect.
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