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Contracts Keyed to Fuller
Vincenzi v. Cerro
Citation:
442 A.2d 1352 (1982)Facts
On October 5, 1976, the parties entered into a written contract for the plaintiffs to construct a three-family house on the defendants’ property in Bridgeport for $91,000, with completion scheduled within 150 days (by March 4, 1977). The contract specified payment in five installments as work progressed. The defendants paid the first four installments totaling $67,100 (withholding $2,000 for incomplete items), leaving a balance of $23,900. In August 1977, the plaintiffs demanded the final payment, but the defendants refused because the house was not complete and some work was allegedly defective. The heating system was not approved until October 1977, and a certificate of occupancy was not issued until November 9, 1977. The trial court determined this date represented substantial performance of the contract and awarded the plaintiffs the balance of the contract price plus extras totaling $1,118.30, but deducted $5,002.90 for defective work, incomplete items, and rental losses due to delay.
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