A contractor sued a homeowner for the unpaid balance on a residential renovation contract, while the homeowner counterclaimed for disputed extras, incomplete work, and deficient workmanship.
The court, on a Rule 54 reference, held that the parties had agreed to progress payments tied to the value of work completed and that the homeowner fundamentally breached the contract by refusing any further payment and refusing to negotiate a reasonable compromise despite work having substantial value beyond amounts already paid.
The court conducted a detailed item-by-item review of disputed extras and credits, fixed the proper contract-plus-extras amount, and deducted credits for incomplete work and a further allowance for deficiencies.
Judgment was effectively awarded to the contractor for the net balance of $12,267.45 plus pre-judgment interest, with costs reserved and a preliminary view of no costs because of divided success.
