The plaintiff contractor brought a claim under the Construction Lien Act for unpaid amounts on a residential renovation project, including significant extras billed on a time and materials basis.
The defendant homeowners argued the contract was for a fixed price and counterclaimed for defective and incomplete work.
The court found the plaintiff credible and the defendants lacking in credibility, concluding the defendants had agreed to the extras.
The court dismissed the majority of the counterclaim, allowing only a minor set-off conceded by the plaintiff, and awarded the plaintiff $44,658.90 including pre-judgment interest.
