Birchwood Land Company, Inc. v. Ormond Bushey & Sons, Inc.

At the heart of this case was a dispute between developer, Birchwood Land Company, Inc., and contractor, Ormond Bushey & Sons, Inc. over a construction contract.  The developer sued for breach of contract, claiming mainly that the contractor had removed excavated sand from the construction site without permission.  The contractor counterclaimed for amounts due under the contract. The court found that the contractor breached the contract and granted the developer damages for the lost sand. The unpaid balance owed on the contract was offset by the damages. On appeal, the contractor argued that the court erred in denying its request for interest penalties and attorney's fees as the substantially prevailing party. The developer argued that the court erred in limiting damages for the sand removal, denying its request for punitive damages, granting prejudgment interest on contractor's net recovery, and denying its claim for slander of title. Upon review, the Supreme Court concluded the evidence in the record supported the trial court's judgment in this case and affirmed the outcome. View "Birchwood Land Company, Inc. v. Ormond Bushey & Sons, Inc." on Justia Law