David Welder successfully represented a business owner in a breach of contract case. The trial began on June 24, 2014 in Johnson County, Kansas and resulted in the Court granting the business owner’s motion to dismiss.
In early 2012, the plaintiff entered into a contract with the business owner to perform some sanitary sewer work for a new development in Lenexa, Kansas. This contract required the plaintiff to restore the site to its preexisting condition after the plaintiff’s work was complete. The plaintiff failed to adequately perform this site restoration work, so the business owner hired others to do the same. The business owner then withheld the cost of this work from the plaintiff’s final payment. The plaintiff sued the business owner to recover the withheld sum, claiming that this restoration work was not required and that the business owner actually used the withheld sum to make improvements to its property.
After the plaintiff rested its case, the Court granted the business owner’s motion to dismiss.