Viking Construction, Inc. v. TMP Construction Group, LLC

Summary

The court affirmed the judgment for the general contractor after concluding that the subcontractor had not shown that the contract legally barred the jury's repair-damage award. The contract permitted recovery of costs associated with defective work through provisions addressing warranties, election of remedies, and cumulative remedies, and the subcontractor's failure to provide trial transcripts prevented review of arguments dependent on the trial evidence or presentation. The court also held that the contractor's reference to one contractual remedy did not waive other available remedies.