ROBINSON, R., JUDGE.
The instant action was scheduled for a court trial on September 30, 2003. The defendant failed to appear for trial and was defaulted. As a result of the default a hearing in damages was held and this court finds as follows.
The plaintiffs are the owners of real estate and improvements located at 9 Yorkshire Way, Burlington, Connecticut.
The defendant is a corporation that is engaged in the business of new home construction within the State of Connecticut.
On April 14th the parties entered into a written contract where in exchange for three hundred eighteen thousand four hundred dollars ($318,400.00) the defendant was to construct and erect a house for the plaintiffs.
Upon completion of the construction the plaintiffs complained of two problems with the finished work: 1) The Bolivian Cherry hardwood flooring was defective in that in various areas of the flooring there were substantial gaps between the planking. Additionally there was debris trapped within the coats of polyurethane that was used to seal and protect the floor; and 2) the doorways on the second floor of the home were two inches narrower than agreed upon by the parties. This is a significant issue in light of the fact that the plaintiff, Mr. Briggs, uses a wheelchair to ambulate in the house. As a result of the narrower doorways his wheelchair strikes and mars wood in the doorways.
The plaintiffs incurred an additional expense of five hundred dollars ($500.00) for a flooring inspection.
Credible and convincing evidence was introduced during the hearing that the cost to repair the defects in the flooring is fifteen thousand dollars ($15,000.00). This court finds that the plaintiffs have met their CT Page 10964 burden of proof to show damages in the amount of fifteen thousand dollars ($15,000.00).
As to the issue of damages for the narrow doorways, although the plaintiffs have met their burden to prove that the doorways did not have the width that the parties contracted for, the plaintiffs have not met their burden of proof concerning the amount of these damages. The only evidence that was offered at the hearing was the plaintiff Mr. Briggs' testimony as to his "belief" that the cost of widening the doorways is between fifteen thousand dollars ($15,000.00) to twenty thousand dollars ($20,000.00).
Section 20-417d of the Connecticut General Statutes concerns home construction contracts. This statute provides in pertinent part that:
A new home construction contractor shall include in every contract with a consumer a provision advising the consumer that the consumer may be contacted by such contractor's prospective consumers concerning the quality and timeliness of such contractor's new home construction work, unless the consumer advises such contractor, in writing, at the time the contract is executed, that the consumer prefers not to be contacted.
The contract between the plaintiffs and the defendant did not have the specified language included.
Section 20-417g of the Connecticut General Statutes concerns "unfair trade practices." This section provides that:
A violation of any of the provisions of sections 20-417a to 20-417i, inclusive, and subsection (b) of section 20-421 shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b.
This court finds that the defendant has engaged in a deceptive trade practice and awards the plaintiffs attorneys fees in the amount of twelve thousand dollars ($12,000.00). Additionally the court awards punitive damages in the amount of ten thousand dollars ($10,000.00).
The Court further awards the entry fee of two hundred twenty five dollars ($225.00) and State Marshal's fees of forty-eight dollars and seventy cents ($48.70).
For the foregoing reasons judgment may enter in favor of the plaintiffs and against the defendant in the total amount of thirty seven thousand seven hundred seventy-three dollars and seventy cents ($37,773.70). So ordered. CT Page 10965
Richard A. Robinson, J.
September 30, 2003 CT Page 10966