Facts

Plaintiff Daniel J. Patten Construction Inc. and defendant Dale Stickney Construction Inc. entered in to a construction consulting agreement for rough framing services involving the construction of the Cottonwood Elementary School. The plaintiff was entitled to payments under that consulting agreement if the project framing costs were less than the budgeted framing costs. At the completion of the project, defendant refused to pay plaintiff the amount owed under the agreement claiming the right to include additional indirect costs not contemplated by the budget.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended it was entitled to $81,495.

DEFENDANT'S CONTENTIONS:
The defendant asserted in a cross-complaint that it was entitled to $107,496 from the plaintiff under its interpretation of the agreement.

Settlement Discussions

Pre-trial demand by plaintiff was $60,000. No formal offer made by defendant other than a mutual "walk-away" and waiver of costs.

Result

Judgment for plaintiff in the amount of $81,495 plus prejudgment interest from Sept. 30, 2007.

Other Information

FILING DATE: Nov. 16, 2007.