ELLSWORTH PAULSEN CONST. v. 51-SPR, L.L.C.

No. 20040507-CA.

144 P.3d 261 (2006)

2006 UT App 353

ELLSWORTH PAULSEN CONSTRUCTION COMPANY, Plaintiff, Appellee, and Cross-appellant, v. 51-SPR, L.L.C., Defendant, Appellant, and Cross-appellee.

Court of Appeals of Utah.

August 31, 2006.


Attorney(s) appearing for the Case

R. Stephen Marshall and Erik A. Olson, Durham Jones & Pinegar, Salt Lake City, for Appellant.

Mark L. Poulsen and Bret Reich, Nelson Snuffer Dahle & Poulsen PC, Sandy, for Appellee.

Before Judges BILLINGS, McHUGH, and ORME.


OPINION

ORME, Judge:

¶ 1 This case arises from a real estate project gone bad. We have before us the appeal and cross-appeal from several aspects of the trial court's rulings. We reverse in part and affirm in part, and remand for additional proceedings.

BACKGROUND

¶ 2 Plaintiff Ellsworth Paulsen Construction Company (Ellsworth) entered into two construction contracts with Guy Hatch and his company, Broadstone Investments, L.C...

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