Capital Construction, LLC v. Nicholas Hanzlik

Syllabus

In this appeal from judgment following a bench trial on a breach-of-contract claim related to the parties' storm-damage repair contract, appellants assert the district court erred by improperly placing the burden on appellants to introduce affirmative evidence to demonstrate that the liquidated-damages clause was unenforceable. Because we agree the district court erred in this respect, we reverse and remand for the district court to apply the correct evidentiary burden.