Adolf and Ida Krueger contracted with Pisani Construction, Inc. to erect a metal

Question

Adolf and Ida Krueger contracted with Pisani Construction, Inc. to erect a metal building as an addition to an existing structure. The two structures were to share a common wall, and the frames and panel heights of the new building were to match those of the existing structure. Shortly before completion of the project, however, it was apparent that the roofline of the new building was approximately three inches higher than that of the existing structure. Pisani modified the ridge caps of the buildings to blend the rooflines. The discrepancy had other consequences, however, including misalignment of the gutters and windows of the two buildings, which resulted in an icing problem in the winter. The Kruegers occupied the new structure but refused to make the last payment under the contract. Pisani filed a suit in a Connecticut state court to collect. Do you think Pisani substantially performed its obligations? Should the Kruegers be ordered to pay? Why or why not?

Explanation / Answer

No judge would rule in favor of Pisani - why ? It is obvious their work is defective

and does not warrant an immediate final payment, Why ? This reserve amount is held for a
specific purpose and that purpose is to inspect the work for final acceptance - this final
inspection indicated the work performed was faulty and not acceptable to the owner in
it's present state. The ruling would be for Pisani to correct the defective work within
a certain period of time to the satisfaction of the owners. Pisani's suit has no legal
merit - -what are they asking for ? payment in full for less than acceptable work -

Now in addition, Krugers' should not have moved into the building with the defaults
not being corrected - however the financial expenses incurredd for not doing so would have
been a real and valid law suit against Pisani and guaranteed it would be a lot more
than any final payment he would receive, maybe even more expensive than their
entire contract to begin with.
SUBSTANDARD WORK - not substantial

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