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VANCE BROS., INC. v. OBERMILLER CONST. SERVICES, INC.

No. SC 86668.

181 S.W.3d 562 (2006)

VANCE BROTHERS, INC., Respondent, v. OBERMILLER CONSTRUCTION SERVICES, INC., Appellant.

Supreme Court of Missouri, En Banc.

January 10, 2006.

Attorney(s) appearing for the Case

Charles E. Weedman, Jr., Harrisonville, for Appellant.

Anthony L. DeWitt and Edward D. Robertson, Jr., Jefferson City, Jerry J. Rellihan, Raymore, for Respondent.

PER CURIAM.1

Obermiller Construction Services, Inc., was the general contractor for several retail stores. It engaged Vance Brothers, Inc., to apply microsurfacing to a parking lot. A dispute arose between the parties concerning the quality of work performed. Obermiller withheld payment. Vance brought suit. Obermiller counterclaimed, including a claim for breach of contract.

Neither party initially requested attorney fees. Prior...

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