DiGiorgi Roofing v. Louis Perrelli et al. (2010)

MEMORANDUM OF DECISION

The plaintiff DiGiorgi Roofing and Siding, Inc., on August 14, 2008 entered into a contract with defendant Angelina Perrelli for services to be provided for the removal, repair and improvements to certain areas of the roof of property owned by the defendant.

Plaintiff alleges in its complaint that it commenced work about November 17, 2008 and completed the work on December 3, 2008.   After completing the work the plaintiff sought payment of the agreed contract price of $9,404.00 from defendant Angelina Perrelli and her husband Louis Perrelli the joint owners of the property.   The plaintiff's claim was for the total sum of $12,454.00 which included a change order for additional items and labor for $3,050.00.   When no payment was made by the defendants on February 10, 2009 a mechanic's lien was filed.   Plaintiff then commenced this action seeking a foreclosure of the lien, legal fees, damages, interest and costs of this action.

The defendant in response filed an Answer, Special Defenses and a Counterclaim.   Defendant alleges the workmanship was defective and unworkmanlike quality.   Defendant has also filed a counterclaim alleging various defects in the workmanship, and that plaintiff's conduct resulted in a breach of contract, a violation of CUTPA, fraud and misrepresentations by the plaintiff.   Defendant then claims damages, punitive damages, and attorney fees from the plaintiff.

At the trial the parties filed a joint stipulation of facts in which the parties agreed the plaintiff is a licensed and registered roofing company, and the total sum owed for the work is $12,454.00.   It also stated the defendant has failed to pay any sums on the contract.   Both parties agreed the Certificate of Mechanic's Lien was filed February 13, 2009 and recorded in the town of Branford, and it was properly served on the defendant.

The evidence at the trial from plaintiff's sales manager Arthur Tenbrink who examined defendant's claim of a leak in the roof testified defendant was only interested in work on the lower low slope roof.   The defendant was in agreement with the contract terms and the work commenced as provided in the contract.   After work started defendant began to complain about the installation.   The Project Manager James Wynne inspected the roof in response to defendant's complaints.   He testified that the work was completed in accordance with the contract, and in the scheduled time set forth in the contract.   He also testified there was no leaks after the new membrane was installed.

Paula Perrelli, the daughter of defendant, testified the roof now leaks, and portions of the roof over a hallway that collapsed seven months after completion.   She also claimed leaks in the kitchen and dining room, and that there were water leaks in the back bedroom, and the front bedroom.   She claimed the leaks occurred less than one year after the plaintiff completed the job.   She also testified the wrong skylight was installed, and plaintiff also caused roofing tar to be improperly applied around the roof vents and the windows.   She then concluded her testimony by stating on behalf of her mother that since she was not satisfied that because of dissatisfactions with the job that no payment was necessary under the contract.   The daughter testified that after December 3, 2008, when the job was completed neither she or her mother ever contacted the plaintiff to make any repairs of the work done by the plaintiff, and they also never paid any sums, or responded to the plaintiff's efforts to receive payment.

Defendant also presented Kevin LaMarco as an expert who examined the roof approximately in June 2010, which was over a year and a half after completion of the job.   He testified the roofing membrane did not go up 18 inches, and water could therefore cause leakage.   He found no leaking at the time of his last inspection.

In rebuttal James Wynne who was present when the roof was installed testified the roofing membrane was properly applied according to manufacturing requirements.   He testified he was present 75% of the time of the work and it was properly done to completion by his work crew.   His conclusion was also supported by Arthur Tenbrink the service manager for the plaintiff for roofing installation.

The evidence produced and the stipulation of the parties has established the defendant entered into a binding contract with the plaintiff which related to a roof in an extremely bad condition.   During the course of the work defendant did express some problems, but the work was completed in the time provided in the contract.   After the job was finished the defendant never made any payment for the services provided, and defendant never contacted the plaintiff regarding any problems with the work performed.

After plaintiff instituted legal action and placed a lien on the defendant's property and now instituted this action to foreclose the mechanic's lien the defendant now contends the work was defective.   Defendant contends because of her claim the plaintiff is not entitled to payment.   The only evidence in support of defendant's claim was testimony by her daughter supported by photographs taken by her prior to completion of the job.

The testimony presented by the plaintiff by Mr. Tenbrink and Mr. Wynne who both had roofing experience disputes both daughter's testimony but also disproves the testimony of Mr. LaMarco who rendered an opinion based primarily on the height of the membrane, and the wrapping of vent pipes.   The defendant has not sustained the burden of proving plaintiff is not entitled to payment as claimed in the defenses alleged.

This court finds the plaintiff is entitled to payment on the contract, and a foreclosure on the certificate of the mechanic's lien lodged against the property.   The amount due on the contract is $12,454.00, plus as provided in the contract interest of 12% from December 4, 2008 to October 21, 2010 for the sum of $2,681.90 plus a reasonable attorney fee of $2,500.00.

Howard F. Zoarski

Judge Trial Referee

Zoarski, Howard F., J.T.R.