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Remedies Keyed to Tabb, 8th
Eastlake Construction Co. v. Hess
Citation:
686 P.2d 465 (1984)Facts
Defendants LeRoy and Jean Hess, parents of a mentally retarded daughter, agreed with other parents to build a condominium for their children. They contracted with Eastlake Construction Company for $118,600 to construct a 5-unit building according to specific plans and specifications, with completion expected within 90 working days. Construction began in June 1977 but encountered problems in October when Hess withheld payment believing Eastlake had been overpaid. Construction ceased completely until January 1978. Despite promises to complete work by February 8, 1978, Eastlake failed to finish satisfactorily. Hess completed construction himself at a cost of $7,979.80, and the building received occupancy certification on May 31, 1978. Eastlake sued for $13,719 in unpaid contract amounts. The trial court found numerous breaches including wrongful abandonment, delays, incomplete work, and use of non-conforming materials, awarding defendants $27,841.70 in damages offset by the amount owing to Eastlake.
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