Classic City Mechanical, Inc. v. Potter South East, LLC, et al.

This case involves competing claims concerning a State construction project. The trial court awarded one of the subcontractors on the project compensatory damages, plus interest, based on the prime contractor's failure to remit payments for work that had been performed. On appeal, the prime contractor challenges the trial court's finding that it committed the first material breach of its contract with the subcontractor. The prime contractor also challenges the trial court's finding that it did not prove its claims for damages, which were predicated on an alleged delay created by the subcontractor and the subcontractor's cessation of performance. Although the subcontractor maintains that the trial court's findings regarding material breach should be left undisturbed, it appeals the trial court's specific award of interest, the dismissal of its fraudulent concealment claim, and the denial of its request for attorney's fees. Having reviewed the record transmitted to us on appeal, we affirm in part, modify in part, and remand for further proceedings consistent with this Opinion.