Land Paving Co. v. D. A. Construction Co.

The issue upon this appeal is whether the plaintiff was entitled to prejudgment interest.

The action was brought to recover $8,329.68, the balance due the plaintiff on an express contract for paving a parking lot. There was no dispute about the amount due the plaintiff if the work was performed satisfactorily.

The defendant’s answer alleged the work had not been substantially performed in a good and workmanlike manner. The defendant counterclaimed for damages in the amount of $25,749.50, an amount alleged to be required to bring the work into compliance with the plans and specifications.

After…