Facts

Property owner Jeffrey Kendall hired Steve Fisk and Cal-Bay Builders Inc., contractors, to make repairs on his home due to water intrusion. The water intrusion had existed since construction of the property and was the subject matter of two prior suits against the builder and seller of Kendall's home. Kendall withheld a portion of the payment due to the lengthy construction and a dispute between the parties. Defendants abandoned the job and recorded a mechanics' lien on the home. Meanwhile, the property continued to leak.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the contract required defendant to identify causes and sources of water intrusion into the home and make repairs to those areas, just as defendant had testified in the previous case against the builder.

DEFENDANTS' CONTENTIONS:
Defendants contended that the house was properly repaired and the leaks had stopped. In addition to the cost to repair the house, plaintiff made claims in excess of $40,000 for additional damages from water leaks to personal property, consisting of approximately 2500 vinyl record albums and numerous power and hand tools. Defendants used transcripts of plaintiff's deposition in the prior litigation to establish that plaintiff made claims in the prior litigation for the damage to the album collection and tools.

Result

A verdict was entered in favor of the plaintiff awarding $86,319 to complete the contract, but was reduced by $11,179 for the unpaid amount on the mechanic's lien, which brought down the total to $75,179. Costs and attorney fees were also awarded in the amount of $105,687.76. Defendant Fisk obtained a nonsuit. The jury awarded no damages for the claimed personal property loss.