Manahan v. Rhoades

10 Pa. D. & C.5th 171
CourtPennsylvania Court of Common Pleas, Centre County
DecidedJanuary 20, 2010
Docketnos. 2006-4800 and 2008-0926
StatusPublished

This text of 10 Pa. D. & C.5th 171 (Manahan v. Rhoades) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Centre County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manahan v. Rhoades, 10 Pa. D. & C.5th 171 (Pa. Super. Ct. 2010).

Opinion

RUEST, J,

Presently before the court are complaints filed by plaintiffs Michael P. Manahan Sr. and Georgina Manahan on January 2,2007, and by Michael P. Manahan Sr. on April 2,2008. These two complaints have been consolidated for purposes of trial. Upon consideration of evidence presented at a non-jury trial and of proposed findings of fact and conclusions of law, the court finds in favor of plaintiffs.

BACKGROUND

Plaintiffs Michael P. Manahan Sr. and Georgina Manahan filed a complaint against Designer’s Edge by Lou Inc., Dan Dolan t/d/b/a B&L Excavating, and Joseph Belsky t/d/b/a Belmor Landscaping on January 2,2007. Plaintiffs’ claim amounts to $3,935 and involves alleged pooling of water and improper drainage. A separate complaint was filed by plaintiff Michael P. Manahan Sr. [173]*173against Robert Rhoades d/b/a Designer’s Edge by Lou Inc. on April 2,2008. This second complaint seeks $4,150 and involves problems with roof gutters, downspouts, and sumps. The court held a non-jury trial in two parts, hearing some testimony on May 7,2009, and concluding on November 4, 2009. The parties submitted written proposed findings of fact, proposed conclusions of law, and briefs.

FINDINGS OF FACT

(1) Plaintiffs Michael P. Manahan, Sr. and Georgina Manahan own a house located at 260 Pantops Parade, Patton Township, Centre County, Pennsylvania.

(2) Defendant Designer’s Edge by Lou Inc. is a Pennsylvania corporation having an address of 256 Blackberry Hill, Port Matilda, Centre County, Pennsylvania.

(3) Defendant B & L Excavating Inc. is a Pennsylvania corporation owned by Brian and Lisa Ashcraft having a business address of 177 Ashcraft Lane, Bellefonte, Centre County, Pennsylvania.

(4) Defendant Joseph Belsky, t/d/b/a Belmor Landscaping, is an adult individual residing and conducting business at 596 Green Grove Road, Spring Mills, Centre County, Pennsylvania.

(5) On or about February 4, 2006, plaintiffs entered into a sales agreement with defendant Designer’s Edge in which said defendant sold the plaintiffs a spec house that Designer’s Edge had constructed at 260 Pantops Parade, Patton Township, Centre County, Pennsylvania.

[174]*174(6) The agreement imposed a duty on the general contractor, Designer’s Edge, to complete all site work at the property.

(7) Defendant B & L performed all of the excavating work at plaintiffs’ property under the supervision of the general contractor Robert “Lou” Rhodes of Designer’s Edge.

(8) B & L performed numerous excavating services including work that is generally described in the construction field as “rough grading.”

(9) Dolan, of B & L, met with Rhodes, of Designer’s Edge, on the site to review B & L’s plans for the rough grading and the design and installation of the sumps.

(10) Rhodes approved the plans and directed Dolan to proceed.

(11) An employee of B & L, Rob Smith, performed most of the actual work.

(12) Rhoades was at the site on a daily basis and approved the work undertaken by B & L.

(13) Defendant Belmor was hired by plaintiffs to perform landscaping services.

(14) Defendant Belmor performed fine grading which included rock hounding, hand raking, and seeding of the lawn areas.

(15) Fine grading consists of preparing the seed bed by working the top one-half to one inch of the soil.

(16) Belmor’s work in the septic drain field consisted of hand raking and seeding.

[175]*175(17) Belmor was advised not to disturb any of the natural areas and therefore did not complete any work in the natural area along the left or right sides of the driveway.

(18) Belmor was not responsible for rough grading.

(19) Rough grading sets the slopes and runs to allow water to drain away from the home.

(20) Belmor did not adjust any of the rough grading by his fine grading.

(21) The topsoil left for Belmor was approximately one ton.

(22)Belmor spread topsoil on the right side of the driveway in the area of the mailbox, in the lawn area, and across the street to repair ruts left by construction vehicles.

(23) Belmor performed all of its services in a workmanlike manner.

(24) The other water issues, including the missing sumps and overflowing gutters, were completed prior to Belmor performing the final grading and seeding at the premises.

(25) The ponding complained of by plaintiffs was caused by the rough grading work and issues with the sumps.

(26) Plaintiffs made reasonable efforts to encourage or urge the contractor to correct the deficiencies, but these efforts were unsuccessful.

(27)Plaintiffs hired another contractor, Ameron Construction, to perform remedial work.

[176]*176(28) Plaintiffs paid Ameron Construction the amount of $3,935 for this work.

(29) Plaintiffs also hired Ameron Construction to correct deficiencies with the gutters, downspouts, and sumps.

(30) Plaintiffs paid Ameron Construction the amount of $4,150 for this work.

CONCLUSIONS OF LAW

(1) When a party to a contract does not receive full performance in accordance with the terms of an agreement, that party is entitled to recover compensatory damages. Douglass v. Licciardi Construction Co., 386 Pa. Super. 292, 562 A.2d 913 (1989); Restatement (Second) of Contracts §348(2).

(2) The cost to repair constitutes a proper measure of damages in such circumstances. Ecksel v. Orleans Construction Co., 360 Pa. Super. 119, 519 A.2d 1021 (1987).

(3) The cost of the repairs performed by Ameron Construction was not excessive.

DISCUSSION

These two cases involve contract law as it relates to the sale and construction of a residential home. Plaintiffs contend that they have not received what they paid for. There are two general categories of water-related claims. The first claim deals with the four areas of improper water drainage and ponding: (1) Water was pooling on [177]*177the septic drain field; (2) Water was pooling on the left side of the driveway; (3) Water was pooling on the front swale near the driveway on the right side; and (4) Water was pooling near the basement walkout and at the end of the swale near the basement walkout. The second claim deals with the downspouts, gutters and sumps.

Plaintiffs aver they made reasonable efforts to encourage or urge the contractor to correct the deficiencies and that these efforts were unsuccessful. Plaintiffs then hired another contractor, Ameron Construction, to perform remedial work. Representatives from Ameron Construction testified as to the completion of the repairs as well as the cost of the same. Plaintiffs are seeking compensatory damages for this remedial work.

When a party to a contract does not receive full performance in accordance with the terms of an agreement, that party is entitled to recover compensatory damages. Douglass v. Licciardi Construction Co., 386 Pa. Super.

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Related

Ecksel v. Orleans Construction Co.
519 A.2d 1021 (Supreme Court of Pennsylvania, 1987)
Douglass v. LICCIARDI CONST. CO., INC.
562 A.2d 913 (Supreme Court of Pennsylvania, 1989)

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Bluebook (online)
10 Pa. D. & C.5th 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manahan-v-rhoades-pactcomplcentre-2010.