Facts

Claimant and respondent entered into a written contract for extensive landscape improvements including covered patio, fireplace, gazebo, barbeque, flatwork and gardens, at claimant's residence.

CLAIMANT'S CONTENTIONS:
Claimant contended that the Respondent performed substandard work and ultimately failed to complete the work. Claimant contended that that cost to repair damaged property, to correct defective work and to complete the work was $76,314. John Martinet testified that respondent's work was below minimum standards for a licensed landscape contractor, and testified about specific problems and deficiencies in the work. David Silver testified to the cost to perform repairs and to complete the contract work.

RESPONDENT'S CONTENTIONS:
Respondent contended that the work complied with the contract, that decisions on materials and finish were made by the Claimant, and that the work complied with accepted standards of workmanship.

Settlement Discussions

Demand $73,150. No offer. No settlement discussions were held after commencement of arbitration.

Damages

Cost to repair damaged property and to complete the contract work, $76,314.

Result

Arbitrator Gerald Moriarty awarded claimant $76,314. After deducting $10,000 credit paid by respondent's contractor's license bond surety, net judgment in the amount of $66,315 was entered in favor of claimant in LASC Dept. 26 on March 10, 2006.

Other Information

Arbitration was conducted under rules of The Better Business Bureau. Petition to confirm the award of arbitrator as a judgment was granted on March 10, 2006. After arbitration, the Respondent's contractor's license surety paid $10,000 to Claimant on a related license bond claim. The full amount of the $10,000 payment was credited so that the net judgment on the award was $66,314. LENGTH: One day.