Facts

Plaintiff Creative Habitat Inc. and defendant Brothers' Custom Windows & Doors Inc. entered into a contract dated March 9, 2005. The contract's value was for $305,717 worth of custom windows and doors for a residential property to be developed at Barry Lane in Atherton. The plaintiff paid all amounts due under the contract, which provided that fabrication of the items would take 12 to 16 weeks. The contract covered recovery for reasonable fees and costs, including attorney fees and costs.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant delivered items that were not to specification. As well, the items were late, which caused plaintiff to incur costs.

DEFENDANT'S CONTENTIONS:
The defendant contended that the correct items were delivered but that plaintiff left them exposed to inclement weather for months, which caused the items to warp. Despite this lack of care, the defendant sent technicians to aid in repairing the items so that they were operable; that they were never paid for the extra work.

Damages

The plaintiff suffered damages in the amount of $18,794 to correct errors; $28,060 for additional labor charges; and $859 per day in interest. The defendant suffered damages in the amount of $6,600 for additional labor.

Result

The court found for defendant and granted its motion for attorney fees in the amount of $38,628.