A homeowner sued a contractor for a refund of the contract price after a lakeside dock constructed under a five‑year workmanship and materials warranty became uneven after two winters.
The contractor argued the damage was caused by extraordinary ice and weather conditions rather than defective construction and counterclaimed for defamation based on threatening emails and alleged reputational harm.
The court found the precise physical cause of the uplift uncertain but concluded the dock’s premature failure, absent a satisfactory exculpatory explanation, entitled the plaintiff to damages.
However, the plaintiff failed to mitigate losses by investigating repair options, and the evidence established the dock was repairable at modest cost.
The court awarded damages limited to the estimated repair cost and dismissed the defendant’s defamation counterclaim for lack of proof of publication or actual loss.
