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STATE OF MICHIGAN
COURT OF APPEALS


BOB TURNER, INC., Plaintiff/Counter-Defendant-Appellant, v MARGARET LEAHY and FARZIN GHODSI, Defendants/Counter-PlaintiffsAppellees, and FRANKLIN BANK and STANDARD FEDERAL BANK, Defendants.

UNPUBLISHED September 19, 2000

No. 213700 Oakland Circuit Court LC No. 96-532291-CZ

Before: Gribbs, P.J., and Neff and O'Connell, JJ. PER CURIAM. Plaintiff appeals as of right from a judgment awarding defendants1 damages on their counterclaim for breach of contract. We affirm. In November 1994, defendants Margaret Leahy and Farzin Ghodsi contracted with plaintiff Bob Turner, Inc., for plumbing and septic system installation at the home defendants were building. Plaintiff completed the rough plumbing and installed part of the septic system by March 1995, however, the relationship between the parties broke down and plaintiff never completed the contracted work. In August 1995, plaintiff requested additional money, above the contract price, to finish the contract, but defendants refused to pay the additional amount. In September 1995, defendants hired two new
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For purposes of this appeal, the term defendants will refer to Margaret Leahy and Farzin Ghodsi only. Plaintiff's claims against defendants Franklin Bank and Standard Federal Bank were dismissed with prejudice on June 16, 1998.

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contractors to complete the finish plumbing and the septic field. Plaintiff filed a lien against defendants' property and then filed suit to recover the balance of the contract, and defendants counterclaimed for breach of contract. After a bench trial, the court found that plaintiff breached the plumbing and septic system contracts. The court entered judgment for defendants, awarding $6,557 in damages. Defendants sought mediation sanctions and were awarded $5,000 in attorney fees and costs. I Plaintiff argues that the trial court erred when it found that plaintiff breached its contracts with defendants. In an action tried without a jury, we review the trial court's findings of fact for clear error. Triple E Produce Corp v Mastronardi Produce, 209 Mich App 165, 171; 530 NW2d 772 (1995). A finding of fact is clearly erroneous when the reviewing court is left with a definite and firm conviction that a mistake has been made. Id. We review the court's conclusions of law de novo. Gumma v D & T Constr Co, 235 Mich App 210, 221; 597 NW2d 207 (1999). A Plaintiff claims that it was prevented from completing its performance under the contract by defendants' failure to obtain the necessary plumbing fixtures and to notify plaintiff of the availability of the fixtures for installation. "[A] party to a contract cannot prevent, or render impossible, performance by the other party and still recover damages for nonperformance.'" Kiff Contractors, Inc v Beeman, 10 Mich App 207, 210; 159 NW2d 144 (1968), citing 17A CJS, Contracts,

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