The plaintiff contractor sued the defendant homeowners for the unpaid balance of a custom home construction contract.
The defendants counterclaimed for construction deficiencies and intentional infliction of mental distress.
The court found the contract was a 'time and material' contract, not a fixed price contract, but reduced the plaintiff's claim due to a failure to provide proper accounting, awarding $44,299.51 on a quantum meruit basis.
The court also found the plaintiff breached the contract regarding the concrete basement floor and stairs, awarding the defendants $88,333 to remedy the defects.
The claims for delay and mental distress were dismissed.
