Greenwood v. Murphy
Respondents Craig Stephen Murphy and Robin Murphy (the Murphys) hired appellant Peter Greenwood (Greenwood), a civil engineer and architect, to prepare design plans for residential properties in Larkspur and Mill Valley. After a bench trial, the trial court entered judgment in favor of the Murphys on both the breach of contract complaint brought by Greenwood and the Murphys claims, brought via cross-complaint, for breach of contract and professional negligence. The judgment awarded the Murphys $310,037 in damages. Greenwood appeals.
With respect to both projects, Greenwood challenges the sufficiency of the evidence supporting the trial courts findings underlying its conclusions of breach of contract and negligence. Greenwood also asserts that the trial court erred in determining that a limitation of liability clause contained in the Mill Valley contract was unenforceable. In addition, Greenwood maintains that the amounts awarded the Murphys as damages in connection with both properties are unsupported by substantial evidence. Last, Greenwood argues that the trial court erred in concluding that he was to take nothing on his own complaint for breach of contract. Court reverse the trial courts judgment with respect to Greenwoods complaint and its award of repair cost damages in connection with the Larkspur project, but otherwise affirm the judgment.
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