Hale v. Big H Construction, Inc.
Court of Appeals of Utah
1Opinion of the Court
OPINION
VYOROS, Judge:
11 This case involves a dispute over a cost-plus contract to build two high-end custom homes on adjacent lots. When the builder, Big H Construction, Inc., filed a mechanies' lien on one of the homes, the owners, Charles F. Hale and Beverly I. Hale, sued Big H and its president, T. Dwayne Horsley, for breach of contract and related claims. Big H counterclaimed for nonpayment of a ten percent builder's fee. After a bench trial, the trial court awarded Big H $172,100 plus attorney fees and costs. The Hales moved unsuccessfully for a new trial and to amend the findings…
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