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Runion v. Hofer

Builders' failure to correct numerous construction defects in plaintiffs' new home, despite notice, supported jury's award of bad faith attorneys' fees.

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Dissatisfied with the construction of their new home, John and Carolyn Hofer sued the builders, Sherry Runion and Calvin Bill Runion. The Hofers asserted claims for breach of contract, breach of express and implied warranties, negligence, gross negligence, negligence per se, and fraud.1 They sought punitive damages, the costs of litigation, and damages for bad faith and stubborn litigiousness.2 The jury awarded the Hofers $18,000 in actual damages and $15,000 for attorney fees and expenses of litigation. In this appeal, the Runions contest only the latter award, claiming that evidence of bad faith was lacking and that the trial was impermissibly tainted by remarks improperly uttered during closing argument. We disagree and affirm.

1. The Runions contend that the trial court erred by denying their motion for directed verdict on the Hofers’ claim for attorney fees because no evidence was presented to support that claim. They claim that because a bona fide controversy between the parties existed and because the record “clearly demonstrated” that they acted in good faith, attorney fees could not be awarded.

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