Dixie Roof Decks, Inc. v. Borggren/Dickson Construction, Inc.

Birdsong, Judge.

Dixie Roof Decks, Inc., appeals the grant of directed verdicts in favor of the defendants below, Borggren/Dickson Construction, Inc. and Federal Insurance Company. Appellant Dixie Roof Decks had sued Borggren/Dickson to recover retainage held under a construction contract and payment for “extras,” and sued Federal Insurance Company on the payment bond. Held:

1. The trial court did not err in granting directed verdict in favor of defendant Borggren/Dickson Construction on grounds that Dixie Roof Decks had consistently, throughout the parties’ dispute and wrangling over retainage…