#WAYNE GARRISON PLUS#

Published false and defamatory statements, orally and in writing, concerning CCīuilders' conduct during the construction project. Finally, CC Builders sought damages 'inĮxcess of $1,000,000.00' for defamation, alleging that the Garrisons had Representing CC Builders' calculation of the total amount still due underĬause of action, CC Builders sought the same amount under a quantum meruit theory. Negligently, to support fraud and negligent misrepresentationĬounterclaimed, seeking $215,696.44 for breach of contract, that sum Had ordered and billed for materials not used on the project, had failedĪdequately to superintend the project, and had wrongfully charged overhead costsĪllegations were then repeated as having been done knowingly and willfully, or

To build the house in a timely manner, had breached the covenant of good faithĪnd fair dealing, had grossly overcharged for labor costs and use of equipment, The Garrisons further alleged that CCīuilders had failed to obtain competitive bids from subcontractors, had failed Square foot, which amount was to include 6% for overhead and 6% for profit. Sued CC Builders on February 11, 2004, alleging counts of contract breach,įraud, and negligent misrepresentation.2 Primarily, the Garrisons alleged that CCīuilders had agreed to build the house within a year and at a cost of $350 per Monthly billings for October through December 2001. Withheld an additional $153,696.44, representing profit and overhead from the Garrisons paid all but $57,083.21 of that bill, the withheld sum representing Those changes and additions were so numerous that, after litigation beganĪnd the district court authorized an inspection of the residence, the changesĪnd additions were compiled into what became known as the 'List ofĬontinued to pay CC Builders' monthly invoices through August 10, 2001the totalĪt that point being $3,463,174.74. Numerous changes and additions were made. Garrison authorized Cook toĬonstruction did not strictly follow the architect's plans, however, as That meeting, Cook presented a written estimate to complete the project,Įxcluding landscape and 'hardscape'1 costs, totaling $3,335,157.00. The Garrisons had, to that date, already paid $1,278,000.00 to CC Builders in Wayne Garrison and Clint Cook then met to discussĬosts, which subject had not been broached since the project began, even though The house was 'roughed-in' by March 2001. Raised three feet above the original plan. Imported to replace other soils under the foundation, and the building site was The house's foundation began in late May of 2000.

#WAYNE GARRISON PLUS#

Oral 'cost plus 12%' construction contract. Reached as to what the cost per square foot would be. March 24, 2000, the Garrisons met with Berlin and Clint Cook to consider constructionĭiscussed the possibility of a 'square-footage' contract, no agreement was

Garrisons bought a residential lot at TetonVillage and engaged a local architect, Purchased a condominium unit at TetonVillage, which they hired CC Builders to

At some point, however, the GarrisonsĬhanged their minds and decided to have a house built for them at TetonVillage. Hired to construct a small guest house and garage on that lot. This project, which lasted two years, the Garrisons became friends with ClintĪnd Lisa Cook, the owners of CC Builders.īeen their intent, the Garrisons put the BearIsland home up for sale and beganĬonstruction planning for a permanent home on a neighboring lot, known as the

In 1994, the Garrisons hired CCīuilders, on a 'cost plus 10%' basis, to build them a home in the Bear Island CC Builders is a Wyoming corporation engaged in the business of buildingĬustom residences in TetonCounty. We affirm in part and reverse inĬonvoluted issues presented by the parties in these three inter-related appealsĬonclusions of law as to damages inconsistent with its findings ofĬoncluding that CC Builders had not committed fraud?ĭiscretion in its award of costs to the Garrisons? Both parties have appealed from theĭistrict court's award of damages and costs to the Garrisons. Parties' subsequent disagreement as to the reasonable cost of construction. Garrison (the Garrisons) a house in Teton County, Wyoming, on a 'cost plus' basis. VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, Wyoming and Heather Noble of Jackson, Wyoming. Cohen of Cohen Law Office, P.C., Jackson, CC BUILDERS, INC., a Wyoming corporation and CLINT COOK, Individually CC BUILDERS, INC., a Wyoming corporation V.

Wayne garrison