S-18-1201 & S-18-1203, Tanner Goes dba Goes Construction v. Eric Vogler and Destni Vogler, FMB Lincoln, Shelton Bros. Construction, L.L.C., and Franklin Drywall
Cass County District Court, Judge Michael A. Smith
Attorneys: Damien J. Wright and Natalie M. Hein (Welch Law Firm, for Volgers); James B. Luers (Cada, Cada, Hoffman & Jewson, for Goes Construction); Troy J. Bird (Hoppe Law, for Franklin Drywall)
Civil: Lien foreclosure; Construction contract
Proceedings Below: The district court found in favor of Goes Construction, Shelton Bros. Construction, and Franklin Drywall on their construction liens. The Voglers appealled.
Issues: Whether the district court erred in 1) finding that the Voglers (and not Shelton) committed the first material breach of the construction contract; 2) finding that Shelton had sustained its burden of proof with regard to damages; 3) finding that contract was a “cost-plus” rather than a “fixed price” contract; and 4) finding that Goes was entitled to foreclosure on its lien.