Midwest Asphalt Coating, Inc. v. Chelsea Plaza Homes, Inc.

Marquardt, J.:

Midwest Asphalt Coating, Inc. (Midwest), appeals the district court’s denial of its request for attorney fees and costs. We affirm.

Midwest contends that it was entitled to attorney fees and costs under the terms of its contract with Chelsea Plaza Homes, Inc. (Chelsea Plaza), in quantum meruit, or under the Kansas Fairness in Private Construction Contract Act (FPCCA), K.S.A. 16-1801 et seq.

Facts

In August 2007, Chelsea Plaza took bids for repairs to a parking lot. Chelsea Plaza signed a contract with Midwest on October 4, 2007, for the repair work.

Before the work was completed,…