Mark Bombara Interior Design v. Bowler

844 N.E.2d 616, 446 Mass. 413, 2006 Mass. LEXIS 109
CourtMassachusetts Supreme Judicial Court
DecidedMarch 30, 2006
StatusPublished
Cited by5 cases

This text of 844 N.E.2d 616 (Mark Bombara Interior Design v. Bowler) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mark Bombara Interior Design v. Bowler, 844 N.E.2d 616, 446 Mass. 413, 2006 Mass. LEXIS 109 (Mass. 2006).

Opinion

Spina, J.

After a jury-waived trial a judge in the Superior Court awarded to the plaintiff, a sole proprietorship owned and operated by Mark Bombara, damages in the amount of $22,965.38 plus interest in the amount of $10,900.98 for interior design and home renovation services provided to the defendant, [414]*414Richard Bowler, pursuant to the terms of a written contract. The judge found against Bowler on his counterclaim, which alleged (1) breach of contract for failure to complete the project within a $75,000 budget and within six weeks from the commencement of work; (2) violation of G. L. c. 93A, § 2, and G. L. c. 142A, § 17, for (a) Bombara’s failure to disclose that he was not a contractor registered under G. L. c. 142A, § 9, (b) Bombara’s failure to provide a written contract that complied with G. L. c. 142A, § 2, and (c) Bombara’s failure to complete the project without excuse; and (3) emotional distress.

On appeal, Bowler asserts error in the judge’s ruling that Bowler’s refusal to pay Bombara’s interim invoice constituted a breach of contract that warranted Bombara’s abandonment of the project; the judge’s award of interest in the amount of $3,000, which Bowler alleges to be in violation of G. L. c. 231, § 6C; and the judge’s ruling that Bombara was not a contractor within the meaning of G. L. c. 142A, § 1. We affirm the judge’s rulings on Bombara’s complaint but reverse the judgment and remand for further proceedings on the counts of Bowler’s counterclaim that allege violations of G. L. c. 142A and G. L. c. 93A.

1. Background. We summarize the judge’s findings of fact, supplemented with information from exhibits relied on by the judge. Bowler owned a condominium unit in the Back Bay neighborhood of Boston. In the fall of 1997, he decided to hire a professional decorator or designer to decorate and renovate the unit to achieve a sleek and stylish look. Bombara was highly recommended as an interior designer.

The parties had several conversations and a site visit. Bowler described his vision for the unit and explained that he wanted someone who could handle all the details necessary to complete the project. Bombara represented that his forte was high-end redesign projects and that he could handle the work comfortably for Bowler.

The parties executed a written agreement on January 15, 1998. The agreement provided that the “Designer” would create a design for the project including “floor plans, lighting . plans, furniture layouts, color schemes [and] specifications . . . o fix and describe the size and character of the Project. The [415]*415Designer [would] then provide a visual presentation to communicate the desired results of the Project. Upon approval, the Designer [would] place all orders on the Client’s behalf for merchandise, materials and labor. All effort [would] be made to achieve a timely delivery and installation.” The agreement did not specify a budget or a time period for completion of the project.

The agreement also provided that Bombara would be compensated at the rate of thirty per cent above the net cost of all goods and services. A fifty per cent deposit was required on each item before ordering, and the remaining fifty per cent, plus shipping and storage, would be due upon installation and presentation of Bombara’s invoice. An additional fee of one hundred dollars per hour would be due for “architectural drawings and/or details.”

Bombara prepared drawings depicting improvements, colors, furniture, fabrics, tile, bathroom fixtures, and lighting for Bowler’s approval. In April, 1998, Bombara presented Bowler with written cost estimates of approximately $73,000 for furniture that Bowler expressed an interest in purchasing. Bowler authorized expenditures of $20,000 at that time. No item was ordered or installed without Bowler’s prior approval.

The parties agreed that renovations would be done in two phases. The first phase involved renovations to the master bedroom and bath; the second phase covered renovations to the front entry, the living and dining area, the study, and the second bathroom.

Significant construction work was required, and Bowler emphasized that he did not want to deal with contractors or subcontractors. Bombara assumed responsibility for hiring, scheduling, and supervising laborers. Bowler insisted that construction be completed without delay. Bombara estimated construction would take five to six weeks.

Demolition of the master bedroom and bath began in July, 1998, but it was not completed until October, 1998, due to delays caused by several occurrences: either Bombara or the crew he hired failed to obtain a building permit; the crew that Bombara hired initially walked off the job after a few days, and it took several weeks to secure a replacement crew; a change [416]*416order that Bowler requested caused a delay of several weeks to obtain different bathroom fixtures; and the grout used in the master bath required an extended drying time. On October 8, 1998, after phase one was substantially completed, Bombara presented Bowler with an invoice for $52,489.56 that included slightly more than $20,000 in labor and construction materials for the master bedroom and bath. It also included the cost of carpeting and furniture that Bowler had approved for phase two of the project. Bowler had advanced $32,500, leaving a balance of $19,989.56 on the October 8 invoice.

At about the same time, Bombara hired FBN Construction Co. (FBN) to do the work for phase two of the project. FBN had done renovation work on other units in the building and had the approval of building management. FBN submitted a construction estimate of $69,375. Bombara concluded that the estimate was too high and reduced the scope of the work FBN was to perform. He decided to hire others to complete other aspects of the work. FBN submitted a revised estimate of $36,450.

Relations between Bombara and Bowler deteriorated beyond repair. Bowler insisted he expected that the project was to cost no more than $75,000. He demanded Bombara waive his thirty per cent design fee plus pay $20,000 toward the cost of completing the project. Bombara demanded the balance due on his October 8, 1998, invoice. Bowler told Bombara to sue him. As a result, Bombara ceased work on the project.

Bowler hired FBN to finish the renovations. FBN revised its estimate to $61,397.50 to perform all necessary work under Bombara’s plans. Bowler made changes that resulted in total payments to FBN in the amount of $96,000 and a final project cost of $137,800.

The judge ruled that Bowler’s refusal to pay the October 8, 1998, interim invoice constituted a breach of contract that justified Bombara’s refusal to perform further. The judge calculated damages by subtracting from the balance on the invoice the sum of $4,631.50, which represented fifty per cent of the cost of some furniture for phase two that Bowler had paid directly to a supplier, leaving a balance of $15,350.06 for goods and services. To this the judge added $4,607.32 for the unpaid por[417]*417tian of Bombara’s thirty per cent commission, and $3,000 in interest on a loan Bombara obtained to cover the cost of items purchased on behalf of Bowler. The total award of damages was $22,965.38. As mentioned, the judge awarded Bowler nothing on his counterclaim. Bowler appealed, and we transferred the case here on our own motion.

2. Breach of contract.

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Cite This Page — Counsel Stack

Bluebook (online)
844 N.E.2d 616, 446 Mass. 413, 2006 Mass. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-bombara-interior-design-v-bowler-mass-2006.