Carl N. White, Jr. v. Towantic Woods Associates, LLC et al., 2007 Conn. Super. LEXIS 666

Summary

The homeowners furnished the contractors with a punch list of 28 items at the closing. The trial court held that the contractors showed a significant degree of incompetency in the home's construction. However, a simple contract between two parties could not form the basis of a CUTPA violation when the claim was based upon poor workmanship or incompetency. The contractors' conduct did not rise to the level of a reckless indifference to the homeowners' rights that would support an award of punitive damages. The contractors failed to meet their express and implied warranties to construct the dwelling in a good and workmanlike manner. Attorneys fees and punitive damages were not recoverable. Of the $ 70,955.76 claimed by the homeowners, $ 7,925.76 was requested as damages for a shortage of 48 square feet in the home. As agreed, paving in exchange for the diminished size of the home had been accomplished. The homeowners' estimate of the cost of repairs or corrective work made necessary as a...