Coppola Construction Co. v. Hoffman Enterprises Ltd. Partnership
38 A.3d 215
Conn. App. Ct.2012Background
- Coppola sues Hoffman for damages from Hoffman Auto Park project site work; six counts alleged (breach, quantum meruit, unjust enrichment, tortious interference, unfair trade practices, negligent misrepresentation).
- Trial court granted motion to strike count six and later granted Hoffman judgment; Coppola appeals denial of leave to amend.
- Count six alleges Hoffman misrepresented Signature Construction Services as Hoffman Enterprises’ agent to obtain favorable financing and to cover change orders.
- Coppola relied on Hoffman's and Signature’s representations, leading to extra work costs and damages when financing failed.
- The appellate court held count six viable negligent misrepresentation claim and reversed the strike/judgment for that count, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether count six states a negligent misrepresentation claim | Coppola alleges misrepresentation about Signature's authority and its impact on financing. | Hoffman contends misrepresentation amounts to a contract/agency issue, not tort. | Yes; count six states negligent misrepresentation. |
| Whether Coppola reasonably relied on the misrepresentation | Reliance on Hoffman's and Signature's representations caused detriment. | Reliance on representations not established or causally linked to damages. | Yes; reliance adequately alleged. |
| Whether the complaint should have been struck for failure to state a claim | Count six plausibly alleges misrepresentation of authority. | Count six fails to plead a misrepresentation of fact. | No; court erred in striking count six. |
Key Cases Cited
- Rafalko v. University of New Haven, 129 Conn.App. 44 (2011) (negligent misrepresentation standard)
- Centimark Corp. v. Village Manor Associates Ltd. Partnership, 113 Conn.App. 509 (2009) (elements of negligent misrepresentation)
- Gordon v. Tobias, 262 Conn. 844 (2003) (apparent authority vs. negligent misrepresentation distinction)
- Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, 295 Conn. 240 (2010) (pleading standards; broad construction)