Moritzky v. Heberlein

McInturff, A.C.J.

Henry and Wendy Heberlein appeal an award of attorney fees to Jack Moritzky, d/b/a Moritzky Construction. We reverse.

In September 1981, Moritzky contracted to frame and roof Heberlein's residence. Construction began immediately. During the course of the work, Moritzky failed to comply with plans and specifications, performed work in a negligent manner, violated several Yakima building codes and did not complete the framing work called for by his contract. Heberlein paid Moritzky for most of his labor, but refused to pay $2,092.93 of "extras" requested by Moritzky.

On January…