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HALE v. BIG H CONST., INC.

No. 20100785-CA.

288 P.3d 1046 (2012)

2012 UT App 283

Charles F. HALE and Beverly I. Hale, Plaintiffs and Appellants, v. BIG H CONSTRUCTION, INC., and T. Dwayne Horsley, Defendants and Appellees.

Court of Appeals of Utah.

October 12, 2012.

Attorney(s) appearing for the Case

Kathleen E. McDonald and Vincent C. Rampton , Salt Lake City, for Appellants.

John T. Anderson , Salt Lake City, for Appellees.

Before Judges THORNE, VOROS, and ROTH.

OPINION

VOROS, Judge:

¶ 1 This case involves a dispute over a cost-plus contract to build two high-end custom homes on adjacent lots. When the builder, Big H Construction, Inc., filed a mechanics' lien on one of the homes, the owners, Charles F. Hale and Beverly I. Hale, sued Big H and its president, T. Dwayne Horsley, for breach of contract and related claims. Big H counterclaimed for nonpayment of a ten percent builder's fee. After a bench trial,...

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