Repka v. Hal Biestek and Sandy Biestek
Published: Aug. 7, 1999 | Result Date: May 24, 1999 | Filing Date: Jan. 1, 1900 |Case number: 98CV1837 Verdict – $56,032
Judge
Court
Jefferson District
Attorneys
Plaintiff
Defendant
Meredith M. Moss
(Carlton, Fields, Jorden & Burt LLP)
Experts
Plaintiff
Dennis A. Marshall
(technical)
Defendant
John Temple
(technical)
Steven E. Rich
(technical)
Facts
Plaintiff, a construction manager, was hired by defendants to build a luxury custom home. No written documents existed between the parties. Although the scope of the work expanded throughout construction as the defendants made changes, they refused to pay additional money beyond the $32,500 paid for management services. The plaintiff sued for unjust enrichment, and the defendants claimed a set-off for corrections they alleged were needed. The defendants also filed a counterclaim for breach of contract.
Settlement Discussions
The plaintiff made a settlement demand of $19,500. The defendant made an offer of $1,000.
Other Information
After four days of trial, a bench decision awarded $69,689 in damages to the plaintiff. Set-off was allowed in the amount of $13,657, resulting in a judgment for $56,032.
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