A.K. & R. Whipple Plumbing and Heating v. Aspen Construction, Thomas D. Guy, Claire B. Guy, and Diane M. Quinn.

In 1993, Aspen, a general contractor, entered into an agreement with Whipple, a licensed plumbing contractor, to provide labor and materials for HVAC and plumbing work on three separate properties. When problems arose with the HVAC work on one of the properties, Aspen discharged Whipple and refused to remit any further payment until corrections were made. Whipple responded by filing mechanics' liens on all three properties and commencing three separate foreclosure actions that were later consolidated for purposes of trial.

On March 31, 1997, the trial court entered formal findings of fact and conclusions of law and a judgment awarding Whipple $3,943 for its HVAC work. The trial court also denied Aspen's fee request, instead awarding Whipple $7,500 in attorney fees. In addition, the trial court allowed Whipple to foreclose on the three mechanics' liens and valued a portion of Whipple's plumbing work for sewer laterals at $3,200.

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Appeal followed by Aspen. The Court of Appeals of Utah affirmed in part, reversed in part, and remanded for additional proceedings. See: 977 P.2nd 518 (Utah App. 1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.