Esprit Log and Timber Frame Homes, Inc. d/b/a Fireside Log Homes sued Ricky Wilcox and Sherry Wilcox seeking damages for breach of contract. The Wilcoxes answered and asserted a counterclaim against Esprit Log and Don Mahaffy, d/b/a Fireside Log Homes collectively, “Fireside”1 for breach of contract, negligent construction, conversion, fraud, and attorney’s fees. The jury awarded the Wilcoxes $200,000 on their counterclaim, $450,000 in punitive damages, and $20,000 in attorney fees. The trial court reduced the punitive damages award to $250,000. On appeal, Fireside claims that the trial court erred in overruling its motion for new trial because i the verdict on the counterclaim is excessive and unsupported by competent or sufficient evidence, ii the punitive damages award is not supported by the evidence, and iii the Wilcoxes received a double recovery. We affirm because the jury’s verdict was authorized by the evidence. “There is a presumption in favor of the validity of verdicts. And after rendition of a verdict, all the evidence and every presumption and inference arising therefrom, must be construed most favorably towards upholding the verdict.” Citation and punctuation omitted. Williamson v. Strickland & Smith, Inc. , 263 Ga. App. 431 587 SE2d 876 2003. So viewed, the evidence shows that Fireside contracted to manufacture and supply the Wilcoxes with a “log wall system” and a “roof system” for the construction of a residential home in Fannin County. The promised log wall system consisted of pre-cut and pre-drilled logs treated with stabilizing and insecticide chemicals. Fireside represented that the logs could be installed within seven to ten days after delivery. The promised roof system included both the material for and the installation of a second floor roof structure, dormers, a portico, and interior stairs. The Wilcoxes agreed to pay $128,600 for the material and services and tendered $65,000 as a deposit. The Wilcoxes ultimately paid Fireside $125,260.
When the logs arrived at the construction site, they were not pre-cut or pre-drilled. The Wilcoxes met with Mahaffy, who informed them that Fireside’s machinery was unable to pre-cut and pre-drill the logs, but that Fireside had decided to ship the logs to avoid delays. According to Mr. Wilcox, a crane had to stay on site while the logs were cut and drilled, and in some cases individual logs had to be hoisted into place, marked, and then removed for cutting. It took five months for the Wilcoxes to complete the walls, notwithstanding Fireside’s representation that it would take only two or three extra days to cut and drill the logs on site.
