S-16-0778 Tom Houser (Appellant) v. American Paving Asphalt, Inc. (Cross-Appellant)
Douglas County District Court, Judge Leigh A. Retelsdorf
Attorneys: David J. Koukol, Sharon A. Hansen, and Michael W. Milone (Koukol Johnson Law Firm) for Appellant — James B. McVay (Tiedeman Lynch Law Firm) for Cross-Appellant
Civil: Breach of contract
Proceedings Below: The district court reversed the judgment of the trial court and remanded the matter with instructions to reduce the damages awarded.
Issues: Houser appeals and assigns that the district court erred when it (1) granted American Paving’s motion for additional time to file its statement of errors and allowed review beyond plain error review, (2) failed to find that a 2-inch asphalt overlay was a reasonable procedure to make the driveway conform to the contract, (3) ruled that the $26,189 cost of the overlay was not reasonable or supported by competent evidence.
American Paving cross-appeals and assigns that the district court erred when it found that (1) there was sufficient evidence to sustain the trial court’s award of damages to Houser in the amount of $5,660 and (2) the trial court did not abuse its discretion in awarding attorney fees to Houser in the amount of $1,514.