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Clomes v. T.R. Henning Co.

Citations: 510 So. 2d 1262; 1987 La. App. LEXIS 9457Docket: No. CA-5932

Court: Louisiana Court of Appeal; May 12, 1987; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves a contractual dispute between homeowners (plaintiffs) and a construction contractor (defendant) regarding the construction of a garage and house. The plaintiffs were dissatisfied with the garage, alleging water leakage issues due to the floor's elevation being level with the driveway. Despite modifications offered by the defendant, the plaintiffs sought judicial intervention. The trial court ruled in favor of the defendant on most complaints but awarded the plaintiffs $16,000 to rebuild the garage based on their expert's testimony. The defendant appealed, and the appellate court found the trial court's decision to rebuild the garage unreasonable. Instead, the appellate court amended the judgment, awarding $2,900 for the addition of concrete to the garage floor, thus resolving the water collection issue without requiring demolition. The court emphasized the principles of contractor liability, substantial compliance, and the discretion in remedy determination, ultimately finding the construction met contractual specifications except for minor elevation adjustments. The appellate decision underscores the importance of expert testimony and judicial discretion in construction-related disputes.

Legal Issues Addressed

Amendment of Judgments on Appeal

Application: The appellate court has the authority to amend judgments, reflecting its role in ensuring reasonable remedies are awarded.

Reasoning: The court found no justification for demolishing the garage and instead amended the district court's judgment to award plaintiffs $1,800 for the concrete addition, bringing the total damage award to $2,900.

Contractor Liability under Construction Contracts

Application: The contractor is held accountable for failing to comply with the specific terms of the construction contract.

Reasoning: It is established that a contractor is liable for failing to comply with contract terms, and in cases of substantial compliance, the owner may seek a price reduction.

Evaluation of Expert Testimony in Construction Disputes

Application: The court considered expert testimony to assess the construction defects and determine the appropriate remedy.

Reasoning: Plaintiffs' expert, Mr. Roy Cadow, argued that the garage floor's elevation caused water puddles... Conversely, the defendant’s expert, Mr. Sam Scandaliato, found no evidence of leakage under the door...

Judicial Discretion in Remedy Determination

Application: The trial judge's decision regarding slab elevation was upheld as it was not clearly erroneous, illustrating the court's discretion in remedy determination.

Reasoning: The trial judge's interpretation regarding slab elevation is not considered clearly wrong.

Substantial Compliance and Remedies

Application: The court may allow a price reduction if substantial compliance with the contract is achieved, rather than requiring full reconstruction.

Reasoning: In cases of substantial compliance, the owner may seek a price reduction.