Richard Harkleroad et al v. Frontier Building and Development, Inc.

This appeal concerns an alleged breach of contract. Richard and Shannon Harkleroad (“the Harkleroads”) sued Frontier Building and Development, Inc. (“Frontier”) alleging faulty construction of their residence. Frontier filed a counterclaim alleging non-payment. The Circuit Court for Knox County (“the Trial Court”) found that the Harkleroads were entitled to recovery in the amount of $10,000 for construction defects to their porches and driveway. Regarding Frontier’s counterclaim, the Trial Court found that Frontier had performed work in addition to that required in the original contract and awarded Frontier $4,103.75 for this work. The Trial Court awarded neither side attorney’s fees under their contract. The Harkleroads appeal. We reverse the Trial Court as to its award of damages to Frontier and remand this case for the Trial Court to award reasonable attorney’s fees under the contract to the Harkleroads. Otherwise, we affirm the judgment of the Trial Court.