Colonial Properties Realty Ltd. Partnership v. Lowder Construction Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying the subrogation waiver where the owner obtained \a separate policy covering the completed project after final payment was made\
• exculpatory provisions provided that a party “waive[d] all rights” for various fire damages, without specifying a timeframe where the rights were still preserved
• “admissions in judicio in a party’s pleadings bind the party so that they cannot put up evidence over objection to contradict such admissions”
• “admissions in judicio in a party’s pleadings bind the party so that they cannot put up evidence over objection to contradict such admissions”
• “It is axiomatic that contracts must be construed in their entirety and in a manner that permits all of the terms contained therein to be consistent with one another.”
• “[Plaintiff] argues that the subrogation clause cannot exculpate [defendant] for acts of gross negligence. That is correct.... [Subrogation waivers] do not relieve a party from liability for acts of gross negligence or wilful or wanton conduct,’’

Source: CourtListener parenthetical corpus (CC0).