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Case No. 20-1366

For summaries from opinions prior to August, 2018, view PDF versions here

Ryan Companies US, Inc.
v.
FDP WTC, LLC

Appellees

Ryan Companies US, Inc.

Appellants

FDP WTC, LLC

Attorneys for Appellees

Bradley D. Fisher
Brian D. Steffes
Stephen D. Marso

Attorneys for Appellants

Philip S. Bubb
Brandon R. Underwood

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1366
Date Published:
Jan 12, 2022
Summary

   

Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (14 pages)

            FDP WTC, LLC (FDP) appeals a ruling in favor of Ryan Companies US, Inc. (Ryan) awarding damages on breach-of-contract claims; foreclosing mechanic’s liens; and awarding attorney fees, costs, and interest.  OPINION HOLDS: Because Ryan sought to increase costs of the work beyond the guaranteed maximum price without obtaining valid change orders for some of its work, we reverse that part of the district court’s ruling that awarded Ryan damages for the unapproved work and reduce Ryan’s damages accordingly.  The judgment in Ryan’s favor for attorney fees is vacated, and the case is remanded to the district court for determination of an appropriate attorney fee award.  We affirm the decision to foreclose Ryan’s mechanic’s liens, but for a modified amount consistent with this opinion to be determined on remand.

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