A contractor commenced a construction lien action seeking payment of the outstanding balance under a contract to convert a crawlspace into an unfinished basement.
The homeowners defended and counterclaimed alleging delay, abandonment, and negligent work causing structural damage to the property.
The trial was bifurcated to determine liability for the shifting of foundation underpinning and basement walls after excavation and backfilling.
The court found the contractor failed to properly monitor the site, arrange required inspections, and manage construction delays in a project where time was of the essence, which contributed significantly to soil instability and structural movement.
Although the homeowners contributed by failing to promptly report flooding and by refusing to authorize an engineering report, the contractor bore the majority of responsibility.
