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MIDWEST ASPHALT COATING v. CHELSEA PLAZA

No. 103,973.

243 P.3d 1106 (2010)

MIDWEST ASPHALT COATING, INC., Appellant, v. CHELSEA PLAZA HOMES, INC., et al., Appellees.

Court of Appeals of Kansas.

December 23, 2010.

Attorney(s) appearing for the Case

Michael E. Callahan , Heath A. Hawk , and Kurtis L. John , of Stinson Morrison and Hecker, LLP, of Kansas City, Missouri, for appellant.

Merle E. Parks and Shannon L. Kelman , of Evans & Mullinix, P.A., of Shawnee, for appellees.

Before PIERRON, P.J., MARQUARDT and ATCHESON, JJ.

MARQUARDT, J.

Midwest Asphalt Coating, Inc. (Midwest), appeals the district court's denial of its request for attorney fees and costs. We affirm.

Midwest contends that it was entitled to attorney fees and costs under the terms of its contract with Chelsea Plaza Homes, Inc. (Chelsea Plaza), in quantum meruit, or under the Kansas Fairness in Private Construction Contract Act (FPCCA), K.S.A. 16-1801 et seq.

FACTS

In August 2007, Chelsea...

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