199 Conn.App. 693
Conn. App. Ct.2020Background:
- DeMattio (plaintiff/contractor) and the Plunketts (defendants/homeowners) signed a home‑improvement contract in January 2015 for a $86,300 kitchen remodel with six installment payments and scheduled start March 9 and completion May 11, 2015.
- Work did not start until May 2015; plaintiff stopped working October 21, 2015. Plaintiff claimed entitlement to the fourth installment ($15,600); defendants disputed performance and hired VAS to finish the job in November 2015.
- Plaintiff sued for breach of contract and related claims; defendants asserted as a special defense that the contract violated the Home Improvement Act (HIA) and counterclaimed for breach (later narrowed to breach only). Case tried to the court; trial court found for defendants and awarded $21,720.34 on their counterclaim.
- Trial court held the written contract failed to comply with the HIA/HSSA notice‑of‑cancellation requirements (language, format, detachable notice, dates/signature), rendering the contract unenforceable against defendants.
- The court also found plaintiff materially delayed performance (project ~50% complete when he left), credited defendants’ expert (VAS) on completion costs and time, and implicitly rejected plaintiff’s mitigation and pricing challenges; plaintiff appealed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability under HIA (notice of cancellation) | Contract defects were technical; term "rescission" and missing dates/detachable copy are immaterial or curable; plaintiff later found detachable notice | Contract materially failed statutory form and delivery requirements; no detachable notice was given | Court: Contract materially noncompliant with §42‑135a; unenforceable against defendants |
| Whether plaintiff caused delay / breach | Plaintiff offered explanations for delays and claimed sufficient performance to warrant 4th payment | Defendants: plaintiff underperformed; project only ~50% complete; delay was material breach excusing payment | Court: Credited VAS expert; plaintiff materially breached by delay; finding not clearly erroneous |
| Evidentiary rulings, witness credibility, expert qualification | Court wrongly excluded certain affidavits/records; miscredited witnesses; expert Panapada unqualified | Plaintiffs’ evidentiary complaints are vague/unpreserved; credibility and expert issues for trial court | Appellate court: refused to review inadequately briefed/exhaustion failures; trial court’s credibility and admissibility decisions affirmed/not disturbed |
| Duty to mitigate and reasonableness of completion costs | Plunkett should have obtained multiple bids; VAS pricing unreasonable | Defendants promptly hired VAS; trial court credited VAS estimates and pricing as reasonable | Court: Plaintiff failed to prove a mitigation failure; trial court reasonably credited VAS and awarded damages |
| Damages calculation & alleged judicial bias | Trial court miscomputed costs (hardware amount) and showed bias against plaintiff | Trial court subtracted unpaid contract balance from cost‑of‑completion; no bias shown | Court: Damages supported by evidence and properly calculated; bias claim unpreserved and, on record review, meritless |
Key Cases Cited
- Wright Bros. Builders, Inc. v. Dowling, 247 Conn. 218, 720 A.2d 235 (Conn. 1998) (HIA noncompliance may be technical; harmless deviations excused where notice effectively provided)
- Kronberg Bros., Inc. v. Steele, 72 Conn. App. 53, 804 A.2d 239 (Conn. App. 2002) (defects in cancellation notice can constitute material noncompliance)
- Hees v. Burke Construction, Inc., 290 Conn. 1, 961 A.2d 373 (Conn. 2009) (homeowner may recover cost of completion but must have unpaid contract balance deducted)
- FirstLight Hydro Generating Co. v. Stewart, 328 Conn. 668, 182 A.3d 67 (Conn. 2018) (standard of review: trial court’s factual findings and credibility determinations are entitled to deference)
- Rizzo Pool Co. v. Del Grosso, 232 Conn. 666, 657 A.2d 1087 (Conn. 1995) (HIA applies to contracts for home improvement services)