Pisani Construction, Inc.v. Krueger

791 A.2d 634 (2002)

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Nature of the Case

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Facts

P agreed to erect a metal building on D's site as an addition to an existing structure. The existing structure was to share a common wall with the new building, and the frames and panel heights of the new building were to match those of the existing structure. D made an initial payment of $21,500. Construction commenced in November 1996, and P finished in January 1997. The roof line of the new building was and continues to be, approximately three inches higher than that of the existing structure. P offered D no resolution to the problem, but field modified the ridge caps of the buildings to blend the roof lines. The discrepancy caused the misalignment of the gutters and windows of the two buildings, which resulted in an icing problem in the winter. D withheld payment. P filed a one-count complaint seeking to foreclose on its mechanic's lien. D alleged a breach of contract and breach of the covenant of good faith and fair dealing. The court found that P had not substantially performed and could not prevail in its foreclosure action. The court rendered judgment in D's favor on the complaint and in P's favor on the counterclaim. P appealed.