APCO Industries, Inc. v. Braun Constr. Group, Inc.

Citations

• 2020 Ohio 4762

Syllabus

In a dispute arising out of a failed construction loan, where a contractor and subcontractor sued a lender seeking payment for unpaid construction work after the borrower/owner defaulted, the trial court did not err in granting summary judgment on claims for constructive fraud, breach of statutory and/or legal fiduciary duties arising out of R.C. 1311.14, breach of the construction loan agreement, and promissory estoppel. However, because questions of fact remained regarding whether the lender was justified in terminating loan advances on the date it did so, the trial court erred in granting summary judgment on the claim for tortious interference with contract.