Cox Interior, Inc. and Bayland Properties, LLC entered into a contract on January 7, 2005 for Cox to provide interior trim and doors for a house which Bayland was building. Mike Bayani is the sole owner of Bayland and guaranteed the contract hereinafter Bayland and Bayani are both referred to as “Bayland”. The trial court found that during the course of providing materials to Bayland, Cox made numerous errors, including 1 sending extraneous materials not ordered by Bayland, 2 failing to send the correct materials ordered by Bayland, 3 failing to send the correct quantity of materials ordered by Bayland, and 4 sending incorrectly manufactured materials. The trial court also found that Cox did not apply discounts and credits owed to Bayland pursuant to the contract. In addition, during one delivery, Cox’s delivery truck collided with the garage wall of the house, causing damage to the wall. Although Cox’s original estimate for trim was $10,667.12 and its estimate for interior doors was $11,571.46, Cox invoiced Bayland for $49,161.61 worth of materials. On October 10, 2005, Cox filed a lien against the property on which the house is located in the amount of $10,146.29. Cox subsequently sued Bayland to collect the amount it claimed Bayland owed. Following a bench trial, the trial court found in favor of Bayland, and awarded attorney fees to Bayland. Cox appeals, alleging the trial court erred in 1 ruling that Cox failed to prove its case by a preponderance of the evidence, 2 finding that Bayland proved it was entitled to credits and that no amount was owed by Bayland to Cox, and 3 ruling that Bayland was entitled to an award of attorney fees based upon Cox’s alleged bad faith and/or malicious prosecution of the claim. We find no error in the trial court’s judgment on the merits of the claim, but reverse the trial court’s award of attorney fees to Bayland.
1. Cox contends the trial court erred in ruling that it failed to prove its case by a preponderance of the evidence and in finding that Bayland was entitled to credits, resulting in no amount owed by Bayland to Cox. We disagree.
