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One Bluff Drive LLC v. K. A. P. Inc.

The trial court did not err in charging the jury on the law of quantum meruit even though it was not set forth in a separate count of the complaint, as a claim of quantum meruit was raised in the pleadings and pretrial order, the jury was presented with evidence regarding that claim and the law supported the claim under the plaintiff's version of the facts.

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A jury returned an award of $400,000 to a contractor on its claims against certain homeowners for failure to pay the contractor in full for a major house renovation; the jury also awarded $112,221 of attorney fees for bad faith, stubborn litigiousness or causing the contractor unnecessary trouble and expense. Following the denial of the homeowners’ motion for new trial, the homeowners appeal. The homeowners do not challenge the sufficiency of the evidence. Instead, they contend the trial court erred by charging the jury on quantum meruit and by denying their two motions that attempted to limit the contractor’s possible damages. For the reasons stated below, we affirm.

On appeal following a jury verdict and judgment, this Court “must construe the evidence with every inference and presumption in favor of upholding the verdict, and after judgment, the evidence must be construed to uphold the verdict even where the evidence is in conflict.” Harris v. Tutt, 306 Ga. App. 377, 378 1 702 SE2d 707 2010 citation and punctuation omitted.

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