Pisani Construction v. Krueger

791 A.2d 634 (2002)

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Pisani Construction v. Krueger

Connecticut Appellate Court
791 A.2d 634 (2002)

RW

Facts

Pisani Construction, Inc. (Pisani) (plaintiff) contracted with Ida Krueger (defendant) to add an extension to Krueger’s building. The contract specified that the extension’s frames and panel heights were to match those of the existing structure. The extension ended up being three inches higher than the existing building. Pisani’s makeshift attempt to bridge the gap between the two structures led to frozen gutters during the winter. Krueger took occupancy and made use of the extension, but she withheld final payment on the contract. Pisani sued to foreclose on its mechanic’s lien. The trial court dismissed Krueger’s counterclaim for damages. However, the trial court allowed Krueger to retain the withheld final payment on the grounds that Pisani breached an implied condition of the contract by failing to substantially perform its contractual obligations. Pisani appealed to the Connecticut Appellate Court.

Rule of Law

Issue

Holding and Reasoning (Mihalakos, J.)

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