Homeowners commenced an action for damages alleging breach of a construction contract relating to the lifting of a house and installation of a new basement foundation.
The contractor counterclaimed for unpaid amounts relating to the contract and additional work performed as “extras”.
The court held the homeowners acted as builder‑owners responsible for overall project compliance with the Building Code and rejected claims that the contractor guaranteed the structural viability of the project.
While minor breaches of workmanship were found, including damage caused during lowering of the house and incomplete debris removal, the claimed damages were largely excessive.
After accounting for contractual credits and valid charges for additional work, the contractor succeeded on the counterclaim with judgment granted in a set‑off amount.
