Vincenzi (plaintiff) entered into a contract with Cerro (defendant) to build a house for Cerro. The contract price of $91,000 was to be paid in five installments over the course of the work. Cerro paid the first four installments, but refused to pay the remainder on the ground that the house was not complete. Vincenzi brought suit against Cerro for the remaining amount, and Cerro counterclaimed for the cost of the incomplete or defective work. The trial court found that the work was substantially complete and that Vincenzi had substantially performed on the contract, despite minor incomplete items. The court entered judgment in favor of Vincenzi for the remaining amount under the contract, less $5,000 for incomplete or defective work. Cerro appealed.