BENCHMARK BUILDERS, INC. v. Schultz

NAHMIAS, Justice.

Appellees Stephen H. and Elizabeth M. Schultz contracted with appellant Benchmark Builders, Inc. (“Benchmark”) to build a house. As construction progressed, the Schultzes decided that Benchmark was not building the house according to the contract specifications, and they refused to accept the final product. Benchmark sued the Schultzes for breach of contract, demanding over $300,000 in damages. The Schultzes filed a counterclaim for breach of contract, seeking to recover $5,000 for earnest money they had paid and damage to light fixtures, as well as attorney fees. After…