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  5. 996 N.W.2d 368 (2023)
 

SMITH v. WIPI GROUP, USA, INC.

#30007.

996 N.W.2d 368 (2023)

2023 S.D. 48

Tom SMITH dba Tom Smith Masonry, Plaintiff and Appellant, v. WIPI GROUP, USA, INC., Defendant and Appellee, and Lincoln County, South Dakota, Defendant.

Supreme Court of South Dakota.

OPINION FILED September 20, 2023.

Attorney(s) appearing for the Case

JEFFREY L. BRATKIEWICZ of Bangs, McCullen, Butler, Foye & Simmons, LLP, Sioux Falls, South Dakota, Attorneys, for plaintiff and appellant.

RONALD A. PARSONS, JR. of Johnson, Janklow & Abdallah, LLP, Sioux Falls, South Dakota, Attorneys, for defendant and appellee.

[¶1.] Tom Smith Masonry (Smith Masonry) instituted a mechanic's lien foreclosure action against WIPI Group USA, Inc. (WIPI), seeking to recover the unpaid balance due under the parties' construction contract and an award of attorney fees. WIPI answered, asserting that Smith Masonry failed to properly complete the work called...

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