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Ohio Attorney General Mike DeWine
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Defendants contracted with Plaintiff to perform excavation work to expand a lake on their property and agreed to pay up to $40,000 for the work. One month later, Plaintiff informed Defendants that the company expected $67,000 for the work performed up to that point. Defendants ultimately paid another company to complete the project. The Court of Appeals held that the contract between the parties was subject to the CSPA, as it was for improvements to the land, not for the purchase, and the use of the land and improvements was primarily for personal, family, or household purposes. The Court of Appeals affirmed the trial court's ruling on damages, which ordered the Defendants to pay the Plaintiff the difference between the maximum contract price of $40,000 and their ultimate cost to complete the project in order to put the Plaintiffs in their expected position under the contract. The trial court also awarded Defendants damages and attorney fees of $26,675. The Court of Appeals upheld the attorney fee award, finding that the trial court had specifically found that the paralegal expenses incurred were unrelated to the CSPA claims and were properly excluded from the award of attorney fees.
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