Contracts – damages — lost profits

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Wisconsin Court of Appeals

Civil

Contracts – damages — lost profits

Pember Excavating Inc. appeals a judgment for damages in a contract dispute. After a bench trial, the court awarded two categories of damages to H & C R.E. Investment, Partnership; Allen Carnine; and James Haupt. First, the court awarded $152,541.73, representing the cost of repairing sanitary sewer laterals that were damaged due to Pember’s faulty workmanship. Second, the court awarded $264,500 in lost profits due to an inability to sell eight vacant lots because of the lateral problems.

Pember argues the court erroneously awarded damages for the sewer lateral repairs because the sewer system had already been dedicated to the City of Amery, leaving H & C with no property interest in the laterals. We agree and reverse that part of the judgment awarding damages for sewer repairs. However, we reject Pember’s argument that H & C failed to adequately prove its lost profits. We therefore affirm that part of the judgment awarding damages for lost profits. This opinion will not be published.

2013AP2096 H&C R.E. Investment Partnership et al. v. Pember Excavating Inc. et al.

Dist III, Polk County, Vlack, J., Per Curiam

Attorneys: For Appellant: Pelish, James A., Rice Lake; For Respondent: Heaney, Patrick G., Rice Lake