McGill Restoration v. Lion Place Condominium Association
May 14, 2021OUTCOME: The Supreme Court affirmed the judgment of the trial court in favor of a contractor (Contractor) against the homeowners' association (HOA) that hired it to perform repair work, holding that the district court did not err.
The Supreme Court affirmed the judgment of the trial court in favor of a contractor (Contractor) against the homeowners' association (HOA) that hired it to perform repair work, holding that the distric ... t court did not err. Specifically, the Supreme Court held that the district court did not err in (1) finding that the HOA had waived, by one of the methods described in Neb. Rev. Stat. 25-1126, its right to a jury trial and in refusing to allow the HOA to withdraw its waiver; (2) concluding that the HOA had to present expert testimony to support its defense and counterclaims asserting that the repair work was done in an unworkmanlike manner; (3) excluding lay testimony of other contractors, in finding the HOA's expert witness lacked foundation for his opinions, and in excluding testimony relating to what the court found to be compromise negotiations; and (4) awarding prejudgment interest and attorney fees.
