William Gordon Lacher v. Terry Case; Case Concrete, LLC; and Case Construction, 2026 WY 82

Lacher hired Case Concrete/Case Construction to build a wheelchair ramp and covered addition at Lacher's home, but the parties never signed a contract or fixed a written price. 1
Lacher paid Case $73,000 for the project, including $30,000 for siding, but the project remained unfinished and no siding was installed or delivered. 2
Green River officials discovered permit and code issues, issued a stop-work notice, and later required engineering compliance before the work could continue. 3
In discovery, Lacher disclosed only that damages were still being computed and never supplemented with a damages calculation before trial. 4
Case moved in limine to exclude undisclosed damages evidence, and the district court partially granted the motion, later allowing only previously disclosed evidence. 5
After a bench trial, the district court found the oral contract unenforceable but, more importantly, found Lacher failed to prove damages by a preponderance of the evidence. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Lacher preserve review of the damages evidence ruling? 7	The motion in limine wrongly barred his damages proof.	No offer of proof was made, so review is waived.	Unpreserved; no meaningful review without an offer of proof. 8
Was the no-damages finding clearly erroneous? 9	The contract price equaled his damages because the whole project was unusable.	Lacher proved no competent measure of damages or need for total rebuild.	No; the district court's damages finding was not clearly erroneous. 10

Elsner v. Campbell Cnty. Hosp. Dist., 566 P.3d 894 (Wyo. 2025) (motions in limine are committed to the trial court's discretion 11)
Three Way, Inc. v. Burton Enters., Inc., 177 P.3d 219 (Wyo. 2008) (trial-court discretion governs motions in limine 12)
Parker v. Cook, 501 P.3d 1253 (Wyo. 2022) (excluded-evidence error requires an offer of proof 13)
Silva v. State, 271 P.3d 443 (Wyo. 2012) (failure to make an offer of proof waives appellate error 14)
Legacy Builders, LLC v. Andrews, 335 P.3d 1063 (Wyo. 2014) (construction-contract damages follow Restatement section 348 and plaintiff initially bears the damages burden 15)
Anderson v. Messinger, 587 P.3d 519 (Wyo. 2026) (clearly erroneous review defers to the trial court's factual findings 16)
Holloway v. Hidden Creek Outfitters, LLC, 569 P.3d 756 (Wyo. 2025) (damages must be proven with reasonable certainty, not speculation 17)
Knight v. TCB Const. & Design, LLC, 248 P.3d 178 (Wyo. 2011) (plaintiff bears the burden of producing sufficient proof of damages 18)
Crouch v. Cooper, 556 P.3d 199 (Wyo. 2024) (defendant's burden to challenge damages arises only after plaintiff proves damages 19)