Sharon Stever et al. v. Nick's Roofing, Inc. (2011)

MEMORANDUM OF DECISION

This is a civil action wherein the plaintiffs have filed a two-count complaint seeking money damages, punitive damages and an attorneys fee from the defendant.   The complaint alleges damages in the first count arising out of an oral contract wherein the defendant agreed to repair the roof on a house owned by the plaintiffs.   The second count seeks punitive damages and attorneys fees for a violation of Connecticut Unfair Trade Practices Act, General Statutes Section 42-110a et seq.  (CUTPA) with respect to the oral contract.

The corporate defendant has been defaulted for failure to appear.   This court heard this case as a hearing in damages on December 13, 2010.

The complaint alleges in the first count that the plaintiffs were the owners of a home located at 205 Valley Road in Bethany, Connecticut, that the defendant is a home improvement contractor registered with the State of Connecticut, that the parties entered into an oral contract whereby the defendant agreed to repair and replace certain sections of the plaintiffs' roof, that the plaintiffs paid the defendant for the work, that the work was done defectively in breach of the contract, and that the plaintiffs were required to hire other contractors to repair and redo the defective work done by the defendant.

The second count alleges that the defendant violated the Connecticut Home Improvement Act Connecticut General Statutes Section 20-429 by failing to provide a written contract, that said violation of the Home Improvement Act is a per se violation of CUTPA, and that the defendant's conduct was immoral and unscrupulous and caused substantial financial loss to the plaintiffs.

The factual allegations of the complaint are deemed to be admitted by virtue of the default.   However, the plaintiffs offered evidence which proves the allegations of both counts.

The plaintiffs also offered evidence of a loss upon the sale of their home but that claim is not alleged in the complaint and cannot be considered by the court.

The court finds on the first count that the plaintiffs have proven that they paid the defendant the agreed contract price of $5,500.00 to repair the roof, and that because of the defective work done by the defendant they were required to expend $10,196.00 to finish the job.

On the second count the court finds that the plaintiffs have proven that the defendant violated the provisions of CUTPA as alleged.   The court awards $10,000.00 in punitive damages, an attorneys fee of $2,118.75, and taxable costs of $370.80.

A judgment may enter in favor of the plaintiffs and against the defendant in the total sum of $22,615.55.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.