Butler & Sidbury, Inc. v. Green Street Baptist Church

PARKER, Judge.

Plaintiff brings forward four assignments of error: that the trial court erred (i) in failing to instruct the jury regarding the owner’s implied warranty of plans and specifications; (ii) in admitting a portion of defendant’s expert testimony; (iii) in instructing the jury on the method to determine defendant’s damages; and (iv) in failing to apply the balance due on the contract to offset the jury’s damage award.

In support of its first assignment of error, plaintiff contends that the trial court was required to instruct the jury that a contractor who complies with the plans and…