A-24-927, Engineering Specialists, Inc. (Appellant and Cross-Appellee) v. Micronoc, Inc., also known as Mirconoc, Inc. (Appellee and Cross-Appellant)
Douglas County District Court, Judge Katie L. Benson
Attorneys for Appellant: James R. Place (Place Law Office)
Attorneys for Appellee: Stevie L. Lewis and William J. Hale (Goosmann Law Firm, PLC)
Civil: Breach of Contract, Contract Interpretation, Damages, Motion for New Trial or to Reconsider
Action Taken by Trial Court: The district court found that a contract for Engineering Specialists, Inc. (ESI) to perform a fire investigation for Micronoc, Inc. (Micronoc) was unambiguous. The contract required Micronoc to make payments to ESI for invoices in a timely manner regardless of the findings of the investigation. Micronoc breached the contract first when it refused to make payments. Micronoc was not entitled to a final report on the fire investigation before it made payment. However, the contract’s language included a guaranteed maximum of $19,500 for the total cost of the fire investigation. The district court awarded ESI the remainer owed within the guaranteed maximum. The district court denied Micronoc’s claims because it failed to prove damages.
Assignments on Error on Appeal: On appeal, Appellant assigns, restated and restructured, that the district court erred in (1) not awarding it damages in the amount of $64,170.76 and (2) denying its motion for new trial or to reconsider. On cross-appeal, Appellee assigns, restated and restructured, that the district court erred in (1) not finding that ESI was required to produce a written report and (2) finding that it failed to prove damages.