Shaffer v. Tern Construction, Inc.
Shaffer v. Tern Construction, Inc.
Opinion of the Court
This case involves a dispute between a landowner and a builder over a construction contract to build a home for a flat $87,078. During construction, the parties quarreled and the lump sum contract price was amended to reflect a cost-plus arrangement. Thereafter, the relationship deteriorated even further and the contract was terminated when the house was only 65% complete. At that juncture, the dispute went to arbitration resulting in an award to the builder, upon written proof of paid invoices, of a sum computed by the trial court to be $68,910. However, the wording of the arbitration award is far from clear and the trial judge in his final judgment added not only $2,390, (with which sum we have no quarrel), but also a further $11,-526.01. It is this last of the three additions with which we disagree because that sum is already included in the initial $68,910.
In so doing, we emphasize the fact that the builder, not the landowner, was required, by the terms of the arbitration award, to remove and pay for all liens and bills incurred during construction.
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.