The plaintiff subcontractor sought payment for drywall, taping services, and materials supplied on a window replacement project and enforced a construction lien after the contractor failed to pay the full invoiced amount.
The defendant contractor alleged deficiencies, incomplete work, and resident complaints, but adduced no reliable evidence of complaints, no proof of deficiency damages, and no evidence that the subcontractor was given an opportunity to cure.
The court found the verbal contract covered taping the sides of the windows, with separate additional patching work for a fixed extra price, and rejected the defendant’s set-off claim.
Judgment was granted for the unpaid balance, with prejudgment interest, lien relief, and substantial indemnity costs from the date of the plaintiff’s offer.
