Grubb v. Woodglenn Properties, Inc.

Judge Harold R. Banke.

Timothy A. Grubb appeals a final judgment in favor of the builder, Woodglenn Properties, Inc. (“Woodglenn”), for breach of contract for the construction of his house. Woodglenn sued Grubb under the contract to enforce a claim for final payment and payment for certain extras which Grubb had requested. The trial court entered judgment on the jury’s verdict and awarded Woodglenn judgment in rem and a special lien.

At the outset we note that two different contracts controlled the parties’ relationship. The new construction purchase and sale agreement (“construction…