Dave Stafford fror www.theindianalawyer.com

A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.

Work on Thomas A. Ambrose II’s pool began more than four years ago, but near the end, Ambrose and his wife, Denise, disapproved of the shape of the pool’s corners, its location in their yard, and other things. They refused to pay the contract balance of $21,775 and demanded Dalton Construction demolish the pool and replace it.

Dalton filed a mechanic’s lien against the property, which Hamilton Superior Judge William J. Hughes granted. Hughes awarded the contractor the $21,775 it sought plus $42,525 in costs and attorney fees.

Ambrose appealed, arguing the court improperly denied summary judgment he sought and that the court erred in concluding that Ambrose first breached the contract.

“Concluding that the trial court properly denied summary judgment and that the trial court’s findings and conclusions are not clearly erroneous, we affirm the trial court’s judgment in favor of Dalton Construction,” Judge Margret Robb wrote in Thomas A. Ambrose II v. Dalton Construction Inc., 29A02-1407-CC-479.

“Also concluding Dalton Construction is statutorily entitled to an award of appellate attorney’s fees, we remand to the trial court for calculation of those fees,” Robb wrote.

Tokyo – Governor Mike Pence began his seventh jobs and economic development mission in Japan today, attending the Midwest U.S.-Japan Association Conference joint governors meeting and welcome reception in Tokyo.

“I’m honored to be back in Japan, representing the interests of Hoosier businesses and residents across Indiana,” said Governor Pence. “Our state’s economic ties with Japan are crucial, with more than 250 Japanese businesses operating in Indiana that together provide more than 52,000 jobs for hardworking Hoosiers. Of all U.S. states, Indiana boasts the largest amount of Japanese investment per capita because our story as a low-cost, low-tax and low-regulation state that works for business resonates with executives worldwide.”

Pence is one of five Midwest representatives attending the conference this year, joining Iowa Governor Terry Branstad, Michigan Governor Rick Snyder, Nebraska Governor Pete Ricketts and Wisconsin Lt. Governor Rebecca Kleefisch. The Midwest-U.S. Japan Association was established in 1967 to improve business relationships between the United States and Japan in the Midwest and hosts an annual conference each year alternating between the two countries.

This is Governor Pence’s third annual Midwest-U.S. Japan Association Conference, having attended in Iowa in 2014 and in Japan in 2013 during his first overseas jobs and economic development mission. As in 2013, Indiana again has the largest state delegation in attendance at the conference.

Tomorrow, Governor Pence will give remarks during the opening conference of the ceremony and will join the Midwest U.S.-Japan Association Conference again in the evening for a dinner reception. During the day, the Governor will meet with Japanese companies that currently have operations in Indiana, including Honda Motor Company and Mitsubishi Heavy Industries. He will also meet with executives from Hitachi Ltd., one of the largest Japanese multinational conglomerate companies, to hear about the company’s new Smart City technology.

A photo of Governor Pence with gubernatorial representatives from the Midwest and Japan is attached. Follow updates from the Governor’s jobs and economic development mission online.