S-21-0106 Dietzel Enterprises, Inc. (Appellant) v. J.A. Wever Construction, Inc. (Appellee)
Douglas County District Court, Hon. James M. Masteller
Attorneys: Patrick T. Vint (Woods Aitken, LLP for Appellant) --- Frederick D. Stehlik & Zachary W. Lutz-Priefert (Gross & Welch, P.C., L.L.O., for Appellee)
Civil: Breach of contract; Substantial/partial performance; Negligent misrepresentation; Damages
Proceedings Below: In a bench trial, the court found Appellant in material breach of a construction subcontract and awarded Appellee $2,758,250.47 in damages. The court awarded Appellant $328,507 for its quantum meruit claim, offset the awards, and entered judgment in favor of Appellee for $2,429,743.47.
Issues on Appeal: Whether the district court erred in 1) finding that Appellant breached the contract by stopping its performance; 2) finding Appellee did not materially breach the contract; 3) finding Appellant was not entitled to rely on Appellee’s negligent misrepresentations; 4) finding Appellee did not breach the duty of good faith and fair dealing; and 5) calculating damages.