Li v. Wu
A parcel of land was owned by two couples. They hired a contractor to build two houses on the property. A dispute arose with the contractor after the houses had been largely, but not completely, constructed. The owners ultimately terminated the contractor from the project, and completed construction at their own cost. The owners sued the contractor for the costs of completion, loss of use damages, and the cost of fixing items defectively constructed by the contractor. The contractor cross-complained for the amounts unpaid under the contract, and the additional cost of several changes to the work allegedly requested by the owners. Subsequently, the owners sought to amend their complaint to allege a cause of action seeking disgorgement of all funds they had paid the contractor, on the basis that the contractors license had been suspended by operation of law during his work on the houses; the trial court denied this request. The jury reached a verdict in favor of the owners and against the contractor, although not in the amount the owners had sought. The owners then sought their attorneys fees, on the basis that the contractor had initially pleaded a statutory cause of action under which the prevailing party is entitled to attorneys fees. The trial court denied this motion on the ground that the contractor had not pursued that cause of action. Both parties appeal. The owners challenge the trial courts denial of their motion to amend their complaint to seek disgorgement and the denial of their motion for attorneys fees. The contractor appeals from the judgment, challenging the sufficiency of the evidence supporting the award in favor of the owners, and also asserting that the trial court failed to offset the unpaid balance on the contract against the award in favor of the owners. Court affirm in all respects.
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