Loehrke v. Wanta Builders, Inc.

Wanta Builders, Inc. (the prime contractor) appeals from a judgment in favor of Neal Loehrke and Weyauwega Well Drilling, Inc. (the subcontractor) for $20,672.70 compensatory and punitive damages, interest and costs. The prime contractor contends the trial court erred as a matter of law when it submitted the issue of punitive damages to the jury and that it abused its discretion by awarding preverdict interest on the compensatory damage award.

We conclude that a fiduciary relationship existed between the prime contractor and the subcontractor by virtue of sec. 779.16, Stats., the "trust fund"…