Clark v. Hunter

861 N.E.2d 1202, 2007 Ind. App. LEXIS 362, 2007 WL 570411
CourtIndiana Court of Appeals
DecidedFebruary 26, 2007
Docket18A05-0606-CV-308
StatusPublished
Cited by12 cases

This text of 861 N.E.2d 1202 (Clark v. Hunter) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Hunter, 861 N.E.2d 1202, 2007 Ind. App. LEXIS 362, 2007 WL 570411 (Ind. Ct. App. 2007).

Opinions

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

David Clark and Aaron Clark, doing business as Clark Electric Company (collectively, “Clark”), appeal from the trial court’s order failing to enter a decree of foreclosure on a mechanic’s lien and a [1205]*1205judgment of attorney’s fees from Theresa Hunter. Clark raises four issues for our review, namely:

1. Whether the evidence supports the judgment.
2. Whether the trial court should have awarded prejudgment interest.
3. Whether the trial court erred in not foreclosing on Clark’s mechanic’s lien.
4. Whether Clark was entitled to attorney’s fees.

We affirm in part, reverse in part, and remand with instructions.

FACTS AND PROCEDURAL HISTORY

Clark is in the business of providing electrical contracting services. In November of 2002, Hunter, acting as the general contractor for the construction of her house, asked Clark to submit a bid on the electrical portions of the construction. Hunter provided Clark with blueprints, and Clark mailed a bid to Hunter. The proposal called for a total payment from Hunter to Clark of $7,380, to be paid in two installments of $3,690. The first installment was to be made at the “completion of electrical rough in,” Appellant’s App. at 15, and the second installment was to be made upon final completion. Hunter accepted the proposal.

Construction proceeded and in June of 2003 Hunter paid the first installment as agreed, including extra payment for additional work performed by Clark. In October, Hunter sent Clark a letter requesting that Clark complete its services in a timely manner, but Clark did not return until late December. Also in December, Hunter informed Clark that she would not pay for Clark’s services until a final inspection was completed. Shortly thereafter, Hunter brought in an inspector to review Clark’s work. The inspector “raise[d] ... objections” to the work. Transcript at 112.

On January 12, 2004, Clark filed a notice of its intent to hold a mechanic’s lien. On December 28, 2004, Clark filed suit for breach of contract and to foreclose on its lien. Clark sought to recover $3,865, together with attorney’s fees totaling $3,109.20, costs, and prejudgment interest. On February 24, 2005, Hunter filed her Answer and a Counterclaim alleging breach of contract by Clark. On July 19, Hunter filed a petition to discharge the lien, which the trial court denied. On November 18, the court held a bench trial.

At the trial, Hunter’s expert, William D. Keller, testified that he had reviewed the contract and found Clark’s work to be deficient in a number of areas. Specifically, Keller found Clark’s work inadequate in the following areas: outdoor lamp posts were not of proper height; the light fixture on the front porch was missing a trim piece and material from the soffit; a ground fault interrupter was missing from the kitchenette; there was an inadequate number of outlets in the laundry room, porch area, mechanical room, main hallway, and the northeast bathroom; a ground fault outlet had not been installed near the utility sink; there was a missing cover plate in the sauna room; covers were missing on the outlets installed for the garage door openers; there was a missing ground fault outlet near the wet bar; smoke detectors had been improperly installed; circuit breakers were not labeled; service for sufficient amperage was not being provided; and no arc fault breakers were installed in the bedroom areas. A number of those deficiencies also constituted violations of the National Electric Code, contrary to the terms of Clark’s contract with Hunter.

On December 6, the trial judge issued its order, stating in relevant part:

[1206]*12065. That plaintiffs’ [Clark’s] complaint alleges two counts, Count 1 based on breach of contract and Count 2 on foreclosure of mechanic’s lien.
6. That the plaintiffs refused to complete the work on defendant’s [Hunter’s] property until paid in full.
7. That the defendant did pay the sum of $4,689.00 to plaintiffs in June of 2008 but refused to pay an additional $3,865.00 because the work was not completed to her satisfaction.
8. That the Court would note that the Judge of this matter was previously involved in the building business and that as presented, it appears that 80% of the work was completed by and for defendant.
9. That the agreement that the parties entered into was breached upon breach of contract, and that plaintiffs should recover from the defendant the sum of $2,952.00.
10. That the agreement contained no provision for interest.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED BY THE COURT that the plaintiffs should have and recover a judgment from the defendant ... in the amount of $2,952.00 plus court costs.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED BY THE COURT that the defendant take nothing by way of her counter-claim.

Appellant’s App. at 9-10. This appeal ensued.

DISCUSSION AND DECISION

Standard of Review

The trial court issued, although neither party requested, specific findings of fact pursuant to Indiana Trial Rule 52. In such a case, a general finding or judgment will control as to issues upon which the trial court has not expressly found, and special findings will control only as to those issues that they cover. Jones v. Jones, 641 N.E.2d 98, 100 (Ind.Ct.App.1994). Special findings will be reversed on appeal only if they are clearly erroneous. Id. Findings are clearly erroneous only when a review of the record leaves us firmly convinced that a mistake has been made. Harbours Condo. Ass’n v. Hudson, 852 N.E.2d 985, 989 (Ind.Ct.App.2006). A judgment is clearly erroneous when the findings of fact and conclusions thereon do not support it, and we will disturb the judgment only when there is no evidence supporting the findings or the findings fail to support the judgment. Id. A general judgment, on the other hand, will be affirmed upon any legal theory consistent with the evidence. Jones, 641 N.E.2d at 100. The court of review neither reweighs the evidence nor judges the credibility of the witnesses. Id.

Further, to the extent that Clark did not receive the entire amount it sought at trial and now seeks on appeal, we note that it is appealing from a negative judgment. A party who had the burden of proof at trial appeals from a negative judgment and will prevail only if it establishes that the judgment is contrary to law. Hudson, 852 N.E.2d at 989. A judgment is contrary to law when the evidence is without conflict and all reasonable inferences to be drawn from the evidence lead to only one conclusion but the trial court reached a different conclusion. Id.

Issue One: Sufficiency of Evidence

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861 N.E.2d 1202, 2007 Ind. App. LEXIS 362, 2007 WL 570411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-hunter-indctapp-2007.