Derosier v. Utility Systems Of America, Inc.

780 N.W.2d 1 (2010)

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Nature of the Case

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Facts

P and D made a deal for D to dump 1,500 cubic yards of fill on P's land. P obtained a city permit allowing for the deposit of 1,500 cubic yards of fill, gave D's foreman a copy of the permit, and left for a ten-day vacation. When P returned from vacation, his entire property was covered with fill. The estimated quantity was 6,500 cubic yards. A contractor who P originally retained to construct his house determined that he could not build until the excess fill was removed, estimated that the cost of removal would be at least $20,000, and withdrew as builder. D denied responsibility but offered to remove the excess fill for $9,500, which it claimed were its costs. P refused to pay D and hired G & T Construction to remove the excess fill. P sued D, requesting damages of $46,629 for the cost of removing the excess fill and for added expenses in constructing the foundation of the house. The district court concluded that D breached a contract to deposit 1,500 cubic yards of fill. It ordered D to pay general damages of $22,829 and consequential damages of $8,000. D appealed.