A Pierce County judge has upheld a $1.25 million jury award to the Day Island Yacht Harbor following a dispute over a dredging project.
The University Place-based business sued General Construction Co., a division of Kiewit Corp., last year.
It contended the marine contractor did not fulfill the terms of a 2008 contract that called for it to temporarily relocate the Day Island marina’s pilings and boathouses, dredge the marina to a depth of 10 feet and replace the pilings and boathouses in their original configuration. The business had agreed to pay about $800,000 for the work, court records show.
The business claimed General Construction did not do a proper job dredging the marina and refused repeated requests to fix the shoddy work. The business contended its property value decreased as a result.
The case went to trial in Pierce County Superior Court in October, with the jury returning a verdict in the club’s favor on Oct. 18.
“The marina owner told the jury that its first choice was not for damages but rather for someone with General to simply shake hands and come back and fix the problems it caused,” the plaintiff’s attorney, Robert D. Nelson, said. “When General refused, the marina owner requested between $950,000 and $1,330,000 in damages.”
Last month, General Construction asked for a new trial, or, at the very least, a reduction in the judgment to $95,000, which it contends is the amount needed to make the Yacht Harbor whole.
The company’s lawyers, Michael Ferring and Daniel DeLue, argued in court pleadings that the jury “failed to properly calculate the diminished value of Day Island’s real property.”
“This verdict does not do substantial justice,” the lawyers said in their pleading.
Pierce County Superior Court Judge Edmund Murphy last week denied General Construction’s request, letting the jury verdict stand.