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DAN RYAN BUILDERS, INC. v. CRYSTAL RIDGE DEVELOPMENT

No. 13-2234.

783 F.3d 976 (2015)

DAN RYAN BUILDERS, INC., a Maryland Corporation, Plaintiff-Appellant, v. CRYSTAL RIDGE DEVELOPMENT, INC., a West Virginia Corporation; Lang Brothers, Inc., a West Virginia Corporation; Robert S. Lang, an individual, Defendants-Appellees, v. Hornor Brothers Engineers, Third Party Defendant-Appellee, and Bryco Bore & Pipe, Inc.; Loudoun Valley Concrete, Inc.; Dingess Transport, Inc.; North Star Foundation, Inc.; Pennsylvania Soil and Rock Incorporated, Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 20, 2015.

Attorney(s) appearing for the Case

ARGUED: Avrum Levicoff, Levicoff, Silko & Deemer, P.C., Pittsburgh, Pennsylvania, for Appellant. Tiffany R. Durst, Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Morgantown, West Virginia, for Appellees. ON BRIEF: Julie A. Brennan, Levicoff, Silko & Deemer, P.C., Pittsburgh, Pennsylvania, for Appellant. Nathaniel D. Griffith, Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Morgantown, West Virginia, for Appellees Crystal Ridge Development, Inc., Lang Brothers, Inc., and Robert S. Lang.   Frank E. Simmerman, Jr.,   Chad L. Taylor, Simmerman Law Office, PLLC, Clarksburg, West Virginia, for Appellee Hornor Brothers Engineers.

Affirmed by published opinion. Judge MOTZ wrote the majority opinion, in which Judge WYNN joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

After a bench trial in this diversity case, the district court ordered Robert Lang and his construction business, Lang Brothers, Inc. (collectively "Lang") to pay Dan Ryan Builders, Inc. ("Dan Ryan") limited damages for breach of contract. Dan Ryan appeals, seeking additional damages. We affirm.

I.

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