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The court enforced an unwritten renovation contract against a sophisticated businessman using equitable exceptions.
A construction company sought payment for work completed on two properties: a commercial dealership and a residential home.
The dealership work was completed under a fixed-price contract for $98,739.83, with an outstanding balance of $33,327.73.
The residential work was completed on a time-and-materials basis with an outstanding balance of $43,743.37.
The defendants disputed liability, claiming deficient work and unfair business practices.
The court found that the residential contract, though not in writing, was enforceable under the Consumer Protection Act's equitable exception, as the defendant was a sophisticated businessman who had directed billing practices to benefit his businesses.
The court awarded the contractor the full amount for the dealership project and substantially the full amount for the residential project, offset by a modest counterclaim award for deficient work.
Insured entitled to ongoing weekly income benefits for chronic pain syndrome; special award granted for unreasonable termination.
The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.
The insurer terminated benefits, arguing the applicant was capable of working and that his disability was caused by his bankruptcy rather than the accident.
The arbitrator found that the applicant suffered from chronic pain syndrome caused by the accident, which continuously prevented him from engaging in any occupation for which he was reasonably suited by education, training, or experience.
The arbitrator also found that the parties had previously settled the quantum of benefits at $600 per week.
The insurer's claim for repayment was dismissed.
A special award of $600 was granted because the insurer unreasonably withheld benefits by failing to provide proper notice of its reasons for termination.
