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Appeals court hears dispute over $1M home: contractor says work was substantially complete; estate says defects prevailed
Summary
In Janie Construction Management & Consulting v. Gascott, the Massachusetts Appeals Court pressed counsel over whether a $1,000,043 contract was substantially performed after the homeowner’s death and whether a jury’s advisory findings and a judge’s factual findings can coexist when assessing good faith and quantum meruit relief. Appellant says certificate of occupancy and limited punch-list items support payment; appellee says record shows defective, incomplete work and that Janie was paid $981,018.24.
Judge Desmond and a three-judge panel heard argument in 25P0466, Janie Construction Management & Consulting v. Whitmore Gascott (and others), about whether Janie was entitled to recover the unpaid balance of a lump-sum contract after a jury and trial judge found violations under Chapter 93A and related contract claims.
Joseph B. Lickblau, arguing for the appellant Janie Construction, said the house was "substantially complete" when the certificate of occupancy issued on 06/11/2019 and that remaining work amounted to punch-list items rather than defects that would bar recovery. "The certificate of occupancy had been issued in June," Lickblau said, and the contractor "was substantially complete." He urged…
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