THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF
John Ingle, d/b/a Ingle & Company, Respondent,
v.
Ken Kuszmaul, Environmental Specialties, Inc., Indiana Lumbermen’s Mutual Insurance Co., Spartanburg Sanitary Sewer District, Spartanburg Water System and Spartanburg Metropolitan District, Defendants,
of whom Ken Kuszmaul and Environmental Specialties, Inc., are, Appellants.
Appeal From
Larry R. Patterson, Circuit Court Judge
Unpublished Opinion No. 2005-UP-393
Submitted May 1, 2005 – Filed June 15, 2005
AFFIRMED IN PART AND REVERSED IN PART
Adam Fisher, Jr., of Greenville, for Appellants.
Charles Preston Edwards, of Spartanburg, for Respondent.
PER CURIAM: John Ingle sued Environmental Specialties, Inc. (ESI) and Ken Kuszmaul alleging breach of contract. After a bench trial, the trial court awarded Ingle $56,471 on the contract and $16,805.76 in attorney’s fees and costs. ESI and Kuszmaul appeal. We affirm in part and reverse in part.[1]
FACTS
ESI contracted to build a project for Spartanburg Sanitary Sewer District. This contract required ESI to obtain a payment bond. ESI obtained the bond from Indiana Lumbermen’s Mutual Insurance Co.
Kuszmaul, on behalf of ESI, contacted John Ingle about performing subcontract work on the project. Ingle and ESI entered into an oral agreement under which Ingle agreed to construct a pre-engineered building, including laying the foundation and installing yard pipe to the building.
ESI, Kuszmaul, and Ingle later disagreed on the amount ESI contracted to pay Ingle for his work. Ingle filed a mechanic’s lien on the sewer district’s property seeking payment of $56,471 plus costs and attorney’s fees. Ingle then filed a complaint and lis pendens seeking to foreclose on the mechanic’s lien or, in the alternative, seeking payment pursuant to the payment bond. The trial court issued a consent order pursuant to the parties’ agreement to dismiss the mechanic’s lien and lis pendens, in exchange for the sewer district’s deposit of approximately $75,000 into escrow pending resolution of the parties’ dispute.
Ingle filed an amended complaint against Kuszmaul, ESI, and Lumbermen’s alleging ESI o