The plaintiff masonry company brought an action for unpaid services under a verbal, cash-based contract for the installation of stone veneer and chimneys on the defendants' new home.
The defendants counterclaimed for the cost of remedial work, alleging the masonry was defective and not compliant with the building code.
The court found that both parties entered into an imprecise, 'under the table' arrangement and shared responsibility for the project's shortcomings.
Concluding that the plaintiff received less than expected but was entitled to less due to the final result, and that the defendants as builder/contractors bore responsibility for the conditions, the court dismissed both the main action and the counterclaim.
