J. Montgomery

A construction contractor sought payment for services and materials allegedly supplied to repair and preserve a partially completed luxury residence after the owners ran out of funds and construction stopped.

The court found that the parties had an agreement that the contractor would facilitate financing and carry out minimal repairs necessary to present the property to potential lenders.

The court accepted that certain cleanup, drywall repair, plumbing, and landscaping work had been performed with the owners’ knowledge or acquiescence.

However, recovery was limited to amounts the contractor proved it had actually paid or remained legally liable to pay.

The contractor was awarded reimbursement for proven expenditures totalling $51,000 plus interest.

The applicants sought damages after the respondent marina sold their stored vessel for $2,000 to cover alleged storage arrears.

The court found that the respondent failed to comply with the notice requirements under the Repair and Storage Liens Act, having sent notice to the wrong address and improperly claiming interest.

Furthermore, the sale price of $2,000 was commercially unreasonable given the vessel's appraised value of $46,750.

The court awarded the applicants damages totaling $60,863.05 for the loss of the vessel, personal property, and related expenses.