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 SOUTH CAROLINA
In The Court of Appeals
Osborne Electric, Inc., Respondent,
KCC Contractor, Inc., John Q. Hammons Hotels, LP., John Q. Hammons Revocable Trust, City of North Charleston, and Metropolitan National Bank, Defendants,
of whom KCC Contractor, Inc. is the Appellant.
Appeal From Charleston County
R. Markley Dennis, Jr., Circuit Court Judge
Unpublished Opinion No. 2008-UP-296
Submitted June 2, 2008 – Filed June 5, 2008
Stephen L. Brown, Joseph E. DaPore, Russell G. Hines, of Charleston, for Appellant.
Andrew K. Epting, Jr., of Charleston, for Respondent.
PER CURIAM: KCC Contractor Inc. appeals the circuit court’s order affirming an arbitration award. We affirm.
KCC was the general contractor for the construction of the All Suites Hotel on property leased by John Q. Hammons Revocable Trust from the City of North Charleston. Osborne Electric entered into a subcontract agreement with KCC to provide the electrical work on the project. After a disagreement arose between the parties, Osborne filed a notice and certificate of mechanic’s lien stating the value of the labor and materials furnished was $253,630.82. It subsequently filed an action to foreclose the mechanic’s lien. Osborne also asserted claims for breach of contract and quasi-contract. KCC answered and counterclaimed for breach of contract and negligence. The matter was sent to arbitration.
The arbitrator held Osborne was “entitled to $165,406.81 for its contract balances including change orders after reduction for the approp