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Contracts – breach – damages — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//May 23, 2013//

Contracts – breach – damages — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//May 23, 2013//

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Wisconsin Court of Appeals

Civil

Contracts – breach – damages — attorney fees

This case involves a proposed development project in the City of Beaver Dam by The Renschler Company and other developers. Renschler contracted with MSA Professional Services, Inc., for MSA to provide certain professional engineering services for the project. The proposed development did not proceed as planned, and Renschler filed this action against MSA, alleging negligence and breach of contract. After a seven-day trial, the jury found that MSA was not negligent and did not breach its contract with Renschler. Renschler appeals the judgment, arguing that: (1) the special verdict form improperly included the City of Beaver Dam as an entity to which the jury could apportion negligence; (2) the jury’s verdict finding that MSA did not breach its contract with Renschler was contrary to the great weight and clear preponderance of the evidence; (3) the court erred in barring Renschler’s claims for damages from lost profits and lost opportunities; and (4) under the terms of their contract, MSA is responsible for Renschler’s attorneys’ fees and costs. We affirm for the reasons set forth below. Not recommended for publication in the official reports.

2012AP2094 The Renschler Company Inc. v. MSA Professional Services Inc., et al.

Dist IV, Dodge County, Storck, J., Kloppenburg, J.

Attorneys: For Appellant: Ahrens, Gary A., Milwaukee; Scheller, John C., Madison; Watters, Zachary John, Milwaukee; For Respondent: Siesennop, W. Wayne, Milwaukee; Thomsen, Scott J., Milwaukee

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