Jerry Ward Construction Co. v. Executive Hills Home Builders, Inc.

I respectfully dissent.

Quite simply, Ward should receive the money due and owing him for his work. The transcript is replete with evidence as to the reasonable nature of the charges, albeit the word “reasonable” rarely appears. The simple exercise of common sense should allow a solution other than that reached by the majority. Semantics should not be allowed to provide a smokescreen to obscure the fact that Ward has not been paid, nor hide the reluctance on the part of appellant to pay what they owe.

This was a court tried case. The appellate standard of review dictates that the decision of…