Defense Verdict for Local Contractor

In a breach of contract action brought by the owners of waterfront property in York, Maine against a landscape design company, Attorney Laura White of Petruccelli, Martin & Haddow obtained a judgment for her client, the Defendant contractor, on all counts of the Complaint. Before trial, Attorney White successfully obtained summary judgment on the Plaintiff’s count alleging violation of the Maine Home Construction Contracts Act, which the Court held does not apply to landscaping jobs. During trial, the Court granted Defendant’s motion in limine, excluding expert testimony related to certain items of stonework performed by the Defendant. The Court ruled that the contract, which was for more than $100,000 in stonework and landscaping, provided for the installation of only six stone steps in the back of the house toward the ocean. After a one-day bench trial with written closing arguments, the Court found as follows: I am convinced that the final billing reflected agreed to changes to the August 20, 2001 contract, that the agreed to work was provided, that the quality of the contracted for work was acceptable and that the defendant . . . does not owe the plaintiffs any amount. Unjust enrichment and negligence are inapplicable in the context of this case. Attorney White routinely handles contract disputes, business litigation, and personal injury cases.