Eastlake Construction Co. v. Hess

Plaintiff appeals judgment on defendants' counterclaim. Defendants cross-appeal the amount of judgment and dismissal of their Consumer Protection Act claim.

The defendants (Hess) contracted with the plaintiff (Eastlake) for the construction of a 5-unit apartment building. Under the contract, Eastlake agreed to complete the building for $118,600, according to the plans and specifications drawn by the architect. Construction began in June 1977. The building was not completed on schedule, and Hess found some of the work and materials to be below specification. Although Eastlake promised…