Hemingway v. Construction By Design Corporation

Opinion

ROTH, Judge:

1 1 Robert and Denise Hemingway appeal from the grant of summary judgment in favor .of Clavell T. Anderson and his company, Construction By Design Corporation (collectively, Anderson). 1 The Hemingways claim that the district court improperly interpreted a damages waiver in a construction contract to preclude them from recovering for damage caused by a fire in their home. Alternatively, they assert that summary judgment was improper because there was an unresolved dispute regarding whether the waiver even applied in this case. We agree with the Hemingways on the latter…