{ "id": 12126754, "name": "DESIGN ASSOCIATES, INC. v. WILLIAM J. POWERS", "name_abbreviation": "Design Associates Inc. v. Powers", "decision_date": "1987-06-16", "docket_number": "No. 8722DC94", "first_page": "216", "last_page": "219", "citations": [ { "type": "official", "cite": "86 N.C. App. 216" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "322 S.E. 2d 817", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "71 N.C. App. 511", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525822 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc-app/71/0511-01" ] } ], "analysis": { "cardinality": 375, "char_count": 6919, "ocr_confidence": 0.849, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.24574618056882852 }, "sha256": "55b45ec1a8b89c76ed62b763c76326a956f6ce4e7bf39a727f3f3203fc1c15cb", "simhash": "1:056ba8423f12d1e4", "word_count": 1142 }, "last_updated": "2023-07-14T20:31:51.245722+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Phillips and ORR concur." ], "parties": [ "DESIGN ASSOCIATES, INC. v. WILLIAM J. POWERS" ], "opinions": [ { "text": "HEDRICK, Chief Judge.\nDefendant\u2019s first three assignments of error relate to the admission and exclusion of evidence. Defendant argues that the court erred in 1) allowing a member of plaintiff architectural firm to testify that plaintiffs rate of $35.00 per hour was \u201con the low side,\u201d 2) excluding evidence of how much other architects and builders told defendant that plaintiffs plans were worth, 3) admitting evidence relating to defendant\u2019s income and the cost of his house and land.\nPlaintiffs claim is for breach of contract. Plaintiff alleged in its complaint and offered evidence tending to show that it had an express contract with defendant to perform architectural services, and that defendant had failed and refused to pay the balance due for services rendered. In its complaint, plaintiff sought $8,861.00. Plaintiffs evidence tended to show that the agreed-upon contract price was the lesser of 1) 5% of the cost of the house and 2) $35.00 per hour of work spent on the plans. Plaintiffs evidence also tended to show that 337.5 hours were spent on the plans. Three hundred thirty-seven and a half hours multiplied by $35.00 per hour yields a sum of $11,812.50. The cost of the house was estimated by plaintiff to be $187,000.00. Five per cent of $187,000.00 is $9,350.00. Plaintiffs bill was for $9,361.00, which is approximately the lesser of the two figures. Defendant paid plaintiff $500.00, leaving a balance of $8,861.00, the amount plaintiff sought in its complaint. In his answer, defendant denied having entered into a contract with plaintiff. At trial, defendant\u2019s evidence was equivocal as to whether the parties had entered into a contract and to the terms of any such contract.\nNo question is raised on appeal regarding the failure of the court to submit an issue to the jury with respect to whether the parties entered into a contract or the terms thereof. As pointed out before, the only issue submitted to the jury related to damages.\nIn a suit for damages arising out of a breach of contract, the injured party is to be placed as near the position he would have occupied had the breach not occurred. Coble v. Richardson Corp., 71 N.C. App. 511, 322 S.E. 2d 817 (1984). In the present case payment of the unpaid balance of the contract price would put plaintiff, the injured party, in the position he would have occupied absent the breach.\nWe find no error in the admission or exclusion of any of the evidence challenged by defendant\u2019s first three assignments of error. Assuming arguendo, however, that some of this evidence was erroneously admitted or excluded, defendant has failed to show any prejudice in its admission or exclusion, since the jury\u2019s award of $6,000.00 is clearly supported by the unchallenged evidence admitted at trial.\nDefendant finally contends the trial court erred in failing to dissolve the lien placed on his home by plaintiff. Defendant argues that there can be no lien because plaintiffs work was not used to improve defendant\u2019s real property. We disagree. G.S. 44A-8 provides as follows:\nAny person who performs or furnishes labor or professional design or surveying services or furnishes materials pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a lien on such real property to secure payment of all debts owing for labor, done or professional design or surveying services or materia! furnished pursuant to such contract.\nThere is no requirement in G.S. 44A-8 that the lienholder\u2019s work actually improve the property. Plaintiff in the present case furnished professional design services pursuant to a contract. This was sufficient to entitle plaintiff to a lien to secure payment for those services. This assignment of error is without merit.\nNo error.\nJudges Phillips and ORR concur.", "type": "majority", "author": "HEDRICK, Chief Judge." } ], "attorneys": [ "Albert F. Walser for plaintiff, appellee.", "Pope, McMillan, Gourley, Kutteh & Parker, by William H. McMillan, and Nancy S. Davenport, for defendant, appellant." ], "corrections": "", "head_matter": "DESIGN ASSOCIATES, INC. v. WILLIAM J. POWERS\nNo. 8722DC94\n(Filed 16 June 1987)\n1. Architects 8 2\u2014 action to recover fees \u2014no error in evidence\nThe trial court did not err in an action to collect a fee for architectural services by allowing a member of plaintiff architectural firm to testify that plaintiffs rate of $35 per hour was \u201con the low side\u201d; by excluding evidence of how much other architects and builders had told defendant that plaintiffs plans were worth; or by admitting evidence relating to defendant\u2019s income and the cost of his house and land. Even assuming that some of the evidence was erroneously admitted or excluded, defendant failed to show any prejudice since the amount awarded was clearly supported by the unchallenged evidence admitted at trial.\n2. Architects \u00a7 2; Laborers\u2019 and Materialmen\u2019s Liens \u00a7 1\u2014 architect\u2019s lien \u2014valid\nThe trial court did not err in an action to recover a fee for architectural services by not dissolving a lien placed on defendant\u2019s home. Plaintiff furnished professional design services pursuant to a contract and there is no requirement in N.C.G.S. \u00a7 44A-8 that the lienholder\u2019s work actually improve the property.\nAPPEAL by defendant from Johnson IRobert WJ, Judge. Judgment entered 8 July 1986 in District Court, IREDELL County. Heard in the Court of Appeals 10 June 1987.\nThis is a civil action wherein plaintiff seeks judgment against defendant in the amount of $8,861.00 plus interest and costs, and an order directing the sale of a piece of property to satisfy plaintiffs lien on that property. Defendant, in his answer, moved for an order dissolving the lien.\nAt trial, evidence was introduced tending to show the following: Plaintiff is an architectural firm. Defendant came to the office of William Leonard, the owner of plaintiff firm and asked about designing a house on defendant\u2019s lakefront property. According to Leonard, he quoted defendant a fee of 5% of the cost of the house or $35.00 per hour of work, whichever was lower, and defendant told plaintiff to proceed. According to defendant, \u201cthere was a 3%, a 5\u00b0/o and a 7% fee mentioned.\u201d\nPlaintiff drew up the plans expending 337.5 hours on the project. Plaintiff sent defendant a bill for $9,361.00 based on the estimated cost of the house. Defendant told plaintiff he thought it was too high and he did not intend to pay, but would get estimates from other sources as to the value of the plans. Defendant did send plaintiff a check for $500.00. Defendant never used the plans plaintiff drew up.\nThe trial judge submitted the following issue to the jury: \u201cWhat amount of damages, if any, has the plaintiff, Design Associates, Inc., sustained?\u201d The jury answered: \u201c$6000.\u201d The court entered judgment on this verdict but did not rule on defendant\u2019s motion to dissolve the lien on his property. From judgment entered on the verdict, defendant appealed.\nAlbert F. Walser for plaintiff, appellee.\nPope, McMillan, Gourley, Kutteh & Parker, by William H. McMillan, and Nancy S. Davenport, for defendant, appellant." }, "file_name": "0216-01", "first_page_order": 244, "last_page_order": 247 }