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Notice Of Claim Must State Specific Damages Amount

Wednesday, February 01, 2012 03:30 am



Excel Construction, Inc. v. Town of Lovell, Wyoming, 2011 Wyo. Lexis 170 (Dec. 20, 2011)

In Wyoming, a notice of claim meets itemization requirements as long as it names a dollar amount; a breakdown of costs is not necessary.

Contractor Excel Construction, Inc. (Excel) filed a complaint against the Town of Lovell, Wyoming for contract breach after the Town failed to pay the contractor for additional work it performed on a water and sewer system project. A district court dismissed Excel's claims because the notice it filed did not contain a list of itemized costs, as allegedly required by the Wyoming Constitution. The state supreme court reversed.

Excel's notice claimed that the Town owed the contractor more than $2.6 million and referred to Exhibit A, an itemized statement of the damages amount. But Excel failed to actually attach Exhibit A when it served the notice. Therefore, the Town claimed, Excel's notice was not constitutionally adequate with respect to damages itemization.

The Wyoming Constitution, Article 16, Section 7, requir [...]

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