BENCHMARK BUILDERS, INC. v. Schultz

Barnes, Judge.

Stephen H. Schultz and Elisabeth M. Schultz contracted with Benchmark Builders for the construction of a home. When the Schultzs did not close, Benchmark Builders filed a complaint for specific performance of the contract or, in the alternative, a claim for money damages for breach of contract. The Schultzs filed a counterclaim for breach of contract as well, alleging $15,488.89 in damages and requesting attorney fees. After the house was sold, Benchmark amended its complaint, removing the petition for specific performance and instead requesting specified costs and other damages…