Plaintiff's Attorney: John Turcotte, Esq.
AMENDED JUDGEMENT RULE 60(B) 
E. Walker Justice
matter came before the Court on a damages hearing. Plaintiffs
were present along with counsel, John Turcotte, Esq.
Defendants appeared pro se. The Court entered a
default against Defendants by Order dated April 13, 2016.
general rule, damages for defective performance under a
construction contract may be measured either by the
reasonable costs of reconstruction and completion in
accordance with the contract, or by the diminished value to
the owner of the property by reason of the defects.
Parsons v. Beaulieu. 429 A.2d 214, 217 (Me. 1981); 5
A. Corbin, Contracts § 1089 (1964).
former measure of damages applies to the present fact
scenario and Plaintiff makes no claim for diminution of
Court finds as follows:
The contract price for the ice hockey rink was $7, 000.
See Plaintiffs Exhibit 1. Plaintiffs paid Defendant
Webster d/b/a Lake Region Paving and Seal Coating a total of
$9, 000. Of this total amount paid, $7, 000 represents the
full contract price for the ice rink and $2, 000 was advanced
toward the driveway-paving contract. See Plaintiffs
Exhibit 2. Defendants never worked toward the
driveway project or provided any materials to Plaintiffs,
related to that project.
undisputed evidence regarding repair and completion of the
job in keeping with the contract is as follows. The tearing
out of the asphalt installed by Defendants totaled $13, 000.
The completion of the job was an additional $12, 533.40.
Defendants questioned the relative cost difference between
what they charged and what the replacement contractor, Mr.
Mason, charged. Ostensibly this was to call into question the
reasonableness of the scope of work and the amount charged
for the work performed. Admirably, Defendants conceded their
fault into getting into a project they knew very little about
(ice rink construction) for the purposes of a loss leader to
be able to take on the more profitable companion job of
paving the Plaintiffs' driveway. While it is
understandable for the Defendants to maintain that such an
honest concession should lead to a reasonable resolution
short of litigation with the Plaintiffs, that did not happen
and does not itself constitute a defense to the damages
claimed by Plaintiffs. Moreover, to claim that Defendants
charged much less than Mr. Mason for similar or a greater
amount of work does not alone call into question the scope of
work or rate charged by Mr. Mason. In fact, given the margin
by which the project was found to be deficient (a 54-inch
pitch for an ice skating rink), the fortuity that Defendants
work cost much less than Mr. Mason's perhaps makes rather
than undermines the Plaintiffs' point that the project
was dramatically under-estimated by Defendants when quoted
for $7, 000.
record also reflects that Defendants admitted to Plaintiffs
that the pavement all needed to be removed in order to bring
the project into alignment with the contract. Mr. Webster
testified that the project could have been remedied by
repairing a single quadrant. However, Mr. Webster provided no
evidence regarding how that might affect the cost of repair,
if at all. Moreover, that testimony is substantially
undermined by an initial admission that the pavement needed
to be removed, in addition to Mr. Mason's rebuttal
testimony that a quadrant approach to the repair would not
have worked. Alternatively, the record suggests that it is
not an acceptable building practice to build up the declining
grade over already existing pavement.
1. Defendants Chris Webster and James Saccuzzo are liable to
Plaintiffs, jointly and severally, for the sum of $18,
2. Defendant Chris Webster is liable to Plaintiffs for the
additional sum of $2, 000 for the deposit for the driveway
for which work was not performed on Plaintiffs' property.
3. Defendant Chris Webster is ordered solely to pay
Plaintiffs' reasonable attorneys fees for a violation of
the Maine Unfair Trade Practices Act, which the court finds
to be $3, 798.50.
Clerk is directed to enter this Order on the civil docket by
reference pursuant to ...