Excel Underground, Inc. v. Brant Lake Sanitary DistrictAnnotate this Case
The Supreme Court affirmed the judgment of the circuit court in favor of Excel Underground, Inc. on its breach of contract claim against the Brant Lake Sanitary District, holding that the circuit court did not err in any of its challenged rulings.
The District contracted with Schmitz, Kalda, and Associates, Inc. (SKA) to engineer a sewer system and with Excel to install it. After delays, the District terminated Excel's contract. The District and Excel subsequently sued each other for breach of contract. The District also filed a third-party complaint against SKA for contribution and indemnity. Prior to trial, the trial court granted Excel's motion to dismiss the District's claim for liquidated damages and dismissed SKA from the suit. After a jury trial, the jury returned a verdict in favor of Excel. The Supreme Court affirmed, holding (1) the circuit court did not err by dismissing the District's claim for liquidated damages; (2) despite any error in the district court's instruction that SKA was the District's agent, the District failed to establish prejudice; (3) the circuit court did not err by allowing testimony regarding the District's emergency bidding procedures; and (4) the evidence was sufficient to support the jury's damage award.