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DONATINA PISANI v. EDWIN PINTO.

MEMORANDUM OF DECISION

THOMAS F. UPSON, JUDGE.

On February 21, 2006, the plaintiff Donatina Pisani entered into a home improvement contract with the defendant, Edwin Pinto d/b/a 4 Seasons Siding Roofing. The work to be performed consisted of the removal and installation of a new roof and aluminum siding on 82 Avon St., Waterbury, CT, the plaintiff's home. The contract price was $18,000. However, the plaintiff paid for plywood, which was extra, for a total of $20,500.

This contract did not provide for either a starting nor completion date and the owner was not notified of her right of cancellation all pursuant to Connecticut General Statutes § 20-429(a)(6) and (7). The defendant also did not obtain any permits from the Waterbury Building Inspector's Office.

On April 21, 2006, the plaintiff's sister told the defendant not to come back to the premises or he would be arrested. Because of that threat, the defendant left equipment at the site which included a ladder, saw horse, coil and a brake for bending aluminum which was worth $3,650.

After hearing, the court finds for the plaintiff on counts 1, 2, 3 and 6 of the plaintiff's complaint. Damages are awarded to the plaintiff in the amount of $20,300 plus costs. (Plaintiff's Exhibit 11.) As to count 5 alleging a CUTPA claim, the court finds that the defendant's violations of the home improvement act are per se violations. The plaintiff is awarded attorneys fees pursuant to Connecticut General Statutes § 42-110g(d) in the amount of $3,907.50 per plaintiff's affidavit of attorneys fees.

The defendant is entitled to an offset for the equipment that he was forbidden to retrieve in the amount of $3,200 for a brake, $300 for a ladder and $150 for a sawhorse, for a total of $3,650. CT Page 647 Judgment is entered for the plaintiff in the amount of $24,207.50 minus the amount for the equipment of the defendant in the amount of $3,650 for a final total of $20,557.50 plus costs. CT Page 648

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PISANI v. PINTO, No. CV05-5001723S (Jan. 2, 2007)
(Jan 2, 2007)