Montalla, LLC v. Commonwealth

Syllabus

05/09/2024 The Court of Appeals erred in concluding that the doctrine of sovereign immunity barred portions of the plaintiff's complaint against the governmental defendants relating to construction inspection services, and that the doctrine of accord and satisfaction barred the remainder. On this appeal, no opinion is expressed upon the ultimate merits of plaintiff's contract claims, and it is simply held that sovereign immunity does not preclude a circuit court from resolving those claims. Furthermore, in concluding that the Court of Appeals, at this stage of the proceedings, erred in finding that the settlement agreement barred portions of the complaint, no opinion is expressed as to whether accord and satisfaction might act as a bar once evidence is taken, and plaintiff is no longer entitled to the benefit of all reasonable inferences being drawn in its favor. That is a question to be answered on remand. Accordingly, the judgment of the Court of Appeals is reversed, and this matter is remanded to the Court of Appeals with direction that this case be remanded to the circuit court for further proceedings consistent with this opinion.