Facts

On Sept. 28, 2005, plaintiff Sure Fit Roofing and Insulations Inc. contracted with defendants Reginald and Rhonda Drakeford to insulate their Oakland home. The plaintiff brought a breach of contract action for money defendants owed upon completion. The defendants counter-claimed that plaintiffs did not finish the work.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that it only contracted to insulate the envelope of the livable areas of the home pursuant to Title 24 of the California Regulations (Building Code). Sure Fit finished that work of improvement. The attached automobile garage and workshop were not built with a conditioned air return, nor were there any heat and cool air conditioner vents. Plaintiff contended that insulation of the attached garage and workshop was not on the building plans.

DEFENDANTS' CONTENTIONS:
The defendants contended plaintiff did not receive the final payment because it still had not finished insulating the garage or workshop pursuant to the contract. The defendants hired Maurice Glass Construction Co. to complete the remainder of the insulation for $3,700.

Damages

The plaintiff sought $3,200 for the unpaid balance due and 10 percent per annum simple interest from the judgment date.

Result

Judge Lawrence Appel found in defendants' favor, awarding them $300 on their counter-claim.