This blended civil trial concerned a contractor's claim for unpaid renovation invoices, a homeowners' counterclaim for overpayment and deficient work, and a related action for misrepresentation against the contractor's principal.
The court found an unwritten consumer renovation agreement for conversion of an older dwelling into an income-producing multi-unit property, and held that the contractor and its principal negligently misrepresented their competence, the necessity of obtaining permits, and the projected completion timeline.
Because billing for time, materials, and extras was ambiguous and unsupported, the court assessed the value of the work on a quantum meruit basis and deducted deficiency-correction costs.
The contractor's claims were dismissed, punitive damages were refused, and the homeowners recovered overpayment, financing losses, and lost rental income, totalling $124,453.20 plus prejudgment interest.