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Desert Valley Contracting, Inc. v. In-Lo Props.

Citation: Not availableDocket: 83338

Court: Nevada Supreme Court; August 11, 2022; Nevada; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In a contract dispute between Desert Valley Contracting, Inc. and In-Lo Properties, along with individuals Eugene Inose and Jeffrey Louie, both parties claimed breach of contract following Desert Valley's incomplete restoration work on a water-damaged home. The district court found mutual breach, determining neither party could recover damages due to material breaches. A scrivener's error in the contract created ambiguity, initially construed against Desert Valley, preventing them from proving damages. On appeal, the higher court reversed and remanded, requiring further analysis to ascertain the sequence of breaches and Desert Valley's potential profit recovery. Upon remand, the district court reaffirmed its position, citing Desert Valley's failure to perform work in a good and workmanlike manner and the lack of approved change orders for additional work. It concluded that Desert Valley committed the first material breach and could not substantiate its damages claim. The appellate court supported the district court's findings, emphasizing that mutual breach negated any recovery entitlement under contract law. The case underscores the necessity of adhering to contract stipulations and the implications of mutual fault in breach of contract disputes.

Legal Issues Addressed

Breach of Contract and Mutual Fault

Application: The district court found that both parties breached the contract, preventing either from recovering damages.

Reasoning: The district court dismissed both parties' claims, determining they each breached the contract and were thus entitled to no damages.

Findings of Fact and Appellate Review

Application: The appellate court affirmed the district court's findings unless they were clearly erroneous or unsupported by substantial evidence.

Reasoning: In Wells Fargo Bank, N.A. v. Radecki, the court established that district court findings of fact are upheld unless clearly erroneous or unsupported by substantial evidence.

Performance in a Good and Workmanlike Manner

Application: Desert Valley's failure to perform work in a good and workmanlike manner contributed to the finding of material breach.

Reasoning: Substantial evidence indicated that Desert Valley did not perform in a good and workmanlike manner, illustrated by the decision to paint before tile installation, which damaged the paint and incurred additional costs.

Requirement for Written Change Orders

Application: The contract required written and approved change orders for additional work, which Desert Valley failed to secure, affecting their claim for damages.

Reasoning: Desert Valley’s owner confirmed that without written, approved change orders signed by the homeowner, they would not be liable for any changes or payments to subcontractors.

Scrivener's Error and Contract Ambiguity

Application: The appellate court identified errors in the handling of a scrivener's error and its implications for Desert Valley's potential recovery, necessitating further proceedings.

Reasoning: The court found a scrivener's error created ambiguity in the contract, which it construed against Desert Valley.