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ARTICLE ID 185881

$________ Construction Contract – Home renovation – Homeowner defendant refuses to make payment on monies due for renovations.

Middlesex County, MA

In this contract matter, the plaintiff contractor sued the defendant homeowner for the final monies due on the renovation of the defendant’s home. The defendant denied that there were monies due and counterclaimed for various contract actions, including breach of express and implied warranties and consumer fraud.

The parties entered into an agreement where the plaintiff contractor was to perform renovations on the defendant’s single family home. The parties agreed to a gut renovation which included converting the basement into livable space. The price was $________ which was later increased as agreed between the parties to $________ to encompass additional work. Due to the nature of the work being performed, the defendant and his family were required to temporarily relocate and it was anticipated that the project would take approximately five months to complete. The time for completion was extending due to various zoning and variance issues which added another five months to the project. At the completion of the project, the defendant and his family moved back into the home, but refused to make payment to the plaintiff for the balance of the monies due on the contract.

The plaintiff brought suit against the defendant homeowner for monies due in the amount of $________. The defendant homeowner denied that any monies were due and counterclaimed for breach of express and implied warranties, breach of covenant of good faith and fair dealing, fraud, negligent construction and violations of both the contractor home improvement statute and the consumer fraud act.The first trial resulted in a mistrial due to the defendant’s attorney’s contempt of court. At the conclusion of the trial in which the jury viewed video of the project from commencement to conclusion, the jury returned its verdict in favor of the plaintiff and against the defendant. The jury awarded the plaintiff the sum of $________ in damages.

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