Country Contractors, Inc. v. A Westside Storage of Indianapolis, Inc. - 1/14/14

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Tuesday  January 14, 2014 
11:00 AM  EST

11 a.m. 32A01-1304-CC-155. Country Contractors and its two shareholders appeal a judgment in favor of Westside for damages stemming from Country Contractors’ breach of a contract to perform excavation services for Westside.  Country Contractors contracted out a significant portion of the work to a second general contractor, which hired the subcontractors. The subcontractors were never fully paid and filed mechanic’s liens against Westside’s property. The second contractor also filed a mechanic’s lien for its unpaid balance. Country Contractors (now in bankruptcy) also filed a mechanic’s lien for the unpaid portion of the contract. Westside filed a successful contract action against Country Contractors, seeking to recover sums it paid to extinguish mechanic’s liens of the subcontractors and second contractor.  Westside also sought and was awarded attorney’s fees and delay damages. Issues on appeal include: piercing the corporate veil, slander of title, attorney’s fees, and delay damages.

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