Gilbert Engineering Co. v. City of Asheville

MARTIN, Judge.

I. Gilbert’s Appeal

The dispositive question presented by Gilbert’s appeal is whether the trial court’s findings of fact and conclusions of law are sufficient to support its judgment denying Gilbert recovery against City on its claims relating to repairs to the key wall. Because the trial court failed to address an essential issue raised by the pleadings and the evidence, we conclude that the judgment is deficient and remand the case to the trial court.

In its amendment to the complaint, Gilbert alleged that City, in presenting the plans and specifications for the key wall,…