Contracts: Construction Contract-Measure of Damages

Where a landscaping company challenged an order to pay $40,250 to a general contractor after the landscaper materially breached the parties’ contract by installing a defective waterfall, the contractor was entitled to cancel the contract and sue the landscaper for total breach in an amount that would fully compensate it for the breach, so the judgment is affirmed because the landscaper failed to demonstrate that the trial court applied an incorrect measure of damages, but the case is transferred to the Missouri Supreme Court based on its general interest and importance.

Judgment is affirmed; transferred.

Fox Creek Construction Inc. v. Opie’s Landscaping LLC (MLW No. 73679/Case No. SD35668 – 14 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Appealed from circuit court, Christian County, Growcock, J. (Matthew Francis Trokey, Branson, and Richard Lane Schnake, Springfield, for respondent) (Russell Schenewerk, Branson, for appellant).