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ARTICLE ID 195298

$________ JUDGMENT FOLLOWING BENCH TRIAL Breach of Contract – Violation of Connecticut Unfair Trade Practices Act – Conversion – Plaintiff homeowners allege that defendants breached contract for construction of their home.

New Haven County, CT

In this contract matter, the plaintiff homeowners allege that the defendants breached the contract for construction of the plaintiffs’ home, and violated provisions of the state’s consumer fraud statute. The defendant denied the allegations, and disputed the plaintiffs’ claims.

The plaintiffs purchased a lot upon which they intended to build a residence. The plaintiffs entered into a construction contract with the individual defendant and his construction company. The plaintiffs were to pay the defendant the sum of $________, and the defendant was to provide all labor, materials, equipment, tools, and other services necessary to construct the house and turn over in good faith. The construction was to commence 15 days after the permitting and financing were secured, and the construction was to be completed within six to nine months, weather permitting. If any orders were to change, they were to be in writing. The plaintiffs were to make a 10% down payment upon execution of the contract, and additional payments were scheduled intermittently during the construction project. The final payment was to be paid the day after the plaintiffs performed a final inspection and accepted the property. The plaintiffs had change orders that totaled $________, and made payments to the defendant on the original contract in the total sum of $________. On October 5, ________, the defendant owner advised the plaintiffs that the defendant construction company would not be returning to the site due to a dispute over costs of items on the changes and materials purchased by the plaintiffs. The parties disagreed as to what work remained undone at this point. The plaintiffs maintained there was extensive work to finish on the house at the time that the defendants stopped working, excluding those items deemed "deducts," which the plaintiffs elected to complete themselves and would reduce the overall contract price. The plaintiffs brought suit against the defendant principal and the defendant construction company alleging breach of contract, fraud, and violation of the state’s consumer protection statute.

The defendants denied the allegations, and maintained that there was only minimal work to be done to the house at the time that it stopped working on the site, contrary to the plaintiffs’ claims. The defendants denied the allegations asserted by the plaintiffs on all other counts of the complaint.

The matter was tried before the court over a period of four days. The court determined that the defendant breached its contract with the plaintiff, and fixed damages at $________. The court determined that the cost to complete the house was $________ plus the cost of the flooring materials for a total of $________, and gave the defendants a credit of $________.The court found in favor of the defendants on the remaining counts in the plaintiffs’ complaint. A judgment was entered accordingly.

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