In the case The Fifth Day LLC v. Bolotin, construction manager The Fifth Day agreed to provide various project and construction management services on property owner James Bolotin's behalf, to facilitate the construction of several commercial buildings on his property. In exchange, Bolotin agreed to pay The Fifth Day a percentage of his profits from the sale of the property, after construction was complete. After construction was completed, Bolotin paid The Fifth Day a portion of the profits from three of the buildings but refused to pay any of the profits from the remaining four buildings. The Fifth Day then filed suit. The trial court granted summary judgment in favor of Bolotin on grounds that The Fifth Day was acting as a general building contractor and, because The Fifth D...
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