O'Donnell v. Rindfleisch

535 A.2d 824, 13 Conn. App. 194, 1988 Conn. App. LEXIS 17
CourtConnecticut Appellate Court
DecidedJanuary 5, 1988
Docket4985
StatusPublished
Cited by27 cases

This text of 535 A.2d 824 (O'Donnell v. Rindfleisch) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Donnell v. Rindfleisch, 535 A.2d 824, 13 Conn. App. 194, 1988 Conn. App. LEXIS 17 (Colo. Ct. App. 1988).

Opinion

Bieluch, J.

The plaintiff, Robert O’Donnell, brought this action on August 7,1983, against the defendants, Arthur A. Rindfleisch and Irene M. Rindfleisch, husband and wife, to collect monies allegedly due him for services rendered and materials furnished pursuant to an executed oral agreement to reshingle the roof of the defendants’ house. The defendants have appealed from the judgment rendered for the plaintiff awarding him the amount due pursuant to the parties’ agreement, less certain setoffs awarded to the defendants. We find no error.

This case presents a matter of first impression. The dispositive issue on appeal is whether the trial court erred in finding that the plaintiff had not violated either the Home Improvement Act; General Statutes §§ 20-418 through 20-431; or the Connecticut Unfair Trade Practices Act; General Statutes §§ 42-110a through 42-110q (hereinafter CUTPA); by subcontracting the defendants’ roofing work to a roofer who was not registered as a home improvement contractor under the Home Improvement Act.1 We conclude that the Home Improvement Act does not require that subcontractors be registered as home improvement contractors.

The trial court found the following facts. The defendants are the owners of a single-family home in Bristol. [196]*196In the spring of 1983, the defendants decided to replace the roof on their house. The defendant, Irene M. Rindfleisch, noticed that a house on their street was having its roof replaced and, upon inquiry, learned that the plaintiff was the contractor. She had also noticed the plaintiffs advertisement in a local newspaper featuring a “special” promotion and found the advertised price attractive in that it was within her financial range.

Mrs. Rindfleisch contacted the plaintiff, described her needs in general terms and asked for a proposal. The plaintiff submitted a written proposal in the form of a contract executed by him. The defendants never executed this document, however, and it was agreed during the course of trial that the litigation would be based on an oral agreement executed by the plaintiff.2

At the time that the authorization to proceed with the work was given to the plaintiff, the parties also agreed that the chimney on the defendants’ home was to be repointed by a subcontractor engaged by the plaintiff for the price of $175. This amount was added to the agreed upon price of $2360 for the roof work, for a total cost of $2535. The plaintiff hired a subcontractor, Hermel Levesque, to replace the roof on the defendants’ home. After the work was completed, the defendants refused to pay the plaintiff. The plaintiff filed a mechanic’s lien and commenced this action to recover the amount due.

The defendants denied the debt and alleged two special defenses: (1) that the plaintiff failed to supply the materials agreed upon and that the work was per[197]*197formed in a negligent, defective and unworkmanlike manner; and (2) that the agreement was an invalid unwritten home improvement contract in contravention of General Statutes § 20-419 of the Home Improvement Act. In addition, the defendants filed an amended counterclaim seeking compensation and punitive damages as well as reasonable attorney’s fees for alleged unfair or deceptive trade practices in violation of General Statutes § 42-110b of CUTPA. The allegations relevant to this appeal are as follows: (1) that in hiring the plaintiff, the defendants relied on him to have the work performed by “competent, licensed workmen and to personally supervise the work”; (2) that the defendants relied on the plaintiff’s written representations and advertisements which “represented and advertised that the plaintiff would perform said services himself”; and (3) that the work was done by “an unlicensed roofer without any supervision by the plaintiff, in violation of Section 20-427 of the Connecticut General Statutes.”

The court found that, except for noted exceptions, there had been material and substantial performance under the oral agreement between the parties. The court, however, was unpersuaded by the defendants’ legal claims. Specifically, the court found that the advertisement in the newspaper, to wit: “Bob O’Donnell sells it, installs it, and guarantees the labor and materials,” did not mean, as the defendants had claimed, that the contractor would personally install the roofing material. The court found such an interpretation unreasonable because, if correct, “no contractor could ever expand his business because he would be severely limited by the number of hours he personally could work each day.” The court found that the advertisement merely indicated that the plaintiff “sold the roofing material and installed it in the same manner that an appliance store sells appliances and services them as well, even though the servicing is subcontracted, a universal prac[198]*198tice .now.” As to the advertised guarantees, the court concluded that because the plaintiff “assumed the responsibility for the work, it is immaterial whether he has it done by one of his employees or whether he subcontracts the installation.” The court noted that “[t]he contemporary practice is to have most of the work in construction subcontracted.”

The court also found that there was no evidence that the defendants relied upon some special skill or expertise of the plaintiff with reference to roof installation “in the manner of a patient picking a surgeon.” The defendants, the court held, “did not know O’Donnell, knew nothing of his craftsmanship or the quality of his work other than that [Mrs. Rindfleiseh] liked the looks of what she saw on one job she witnessed from the street.”

As to the issue of the licensing of the subcontractor, the court found that “[w]hether or not a subcontractor is ‘licensed’ or not is also of no concern to the owner provided the subcontractor is competent and the question of competency resolves itself to the contractor’s responsibility, who in turn has that privity with the owner.” The court concluded, therefore, that “the licensing issue, although not definitively resolved by evidence,3 is irrelevant to the main issue as herein defined.” The court rejected the defendants’ claim of [199]*199a CUTPA violation, finding it was “of no merit, and was injected into the case for purposes of collecting attorney fees.”

The court found the plaintiff to be entitled to payment for materials furnished and work done in the amount agreed upon, diminished by a setoff of damages to be determined after a separate hearing for “shortcomings” in the plaintiffs performance of his contract. Following this hearing, the court found that the plaintiff was entitled to recover $2360, less a setoff of $1025, for a net award of $1335, for which judgment was rendered.

The defendants claim that the trial court committed reversible error in finding, as a matter of law, that the plaintiff did not commit a per se CUTPA violation by subcontracting the work at issue to a roofer who was not registered to perform such work as required by General Statutes § 20-420 of the Home Improvement Act.4 There is no statutory, administrative, regulatory or judicial authority making subcontractors subject to the registration and other requirements of the Home Improvement Act.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

ANDY'S OIL SERVICE, INC. v. Hobbs
9 A.3d 433 (Connecticut Appellate Court, 2010)
Centimark Corp. v. Village Manor Associates Ltd. Partnership
967 A.2d 550 (Connecticut Appellate Court, 2009)
MD Electrical Contractors, Inc. v. Abrams
859 N.E.2d 1070 (Appellate Court of Illinois, 2006)
MD Electrical Eontractors, Inc. v. Abrams
Appellate Court of Illinois, 2006
Messeka Sheet Metal v. Hodder
845 A.2d 646 (New Jersey Superior Court App Division, 2004)
Santa Fuel, Inc. v. Varga
823 A.2d 1249 (Connecticut Appellate Court, 2003)
Antuna v. Nescor, Inc., No. Cv 00 502056 (Apr. 1, 2002)
2002 Conn. Super. Ct. 4130 (Connecticut Superior Court, 2002)
White v. Edwards, No. Cv00-0437477 (Jun. 9, 2000)
2000 Conn. Super. Ct. 6919 (Connecticut Superior Court, 2000)
Gross v. Medeiros, No. Cv00 037 08 01 (Mar. 29, 2000)
2000 Conn. Super. Ct. 3673 (Connecticut Superior Court, 2000)
Meadows v. Higgins
733 A.2d 172 (Supreme Court of Connecticut, 1999)
Schulman v. Smalley, No. Cv 97-0159732 (Nov. 12, 1998)
1998 Conn. Super. Ct. 13049 (Connecticut Superior Court, 1998)
Meadows v. Higgins
714 A.2d 51 (Connecticut Appellate Court, 1998)
McClain v. Byers, No. Cv 930301761s (May 6, 1997)
1997 Conn. Super. Ct. 4940 (Connecticut Superior Court, 1997)
Meadow v. Higgins, No. Cv 94 0136032 (Feb. 26, 1997)
1997 Conn. Super. Ct. 1795 (Connecticut Superior Court, 1997)
Meadows v. Higgins, No. Cv 940136032 (Feb. 26, 1997)
1997 Conn. Super. Ct. 694-L (Connecticut Superior Court, 1997)
Stanavage v. Davis, No. 517077 (Feb. 21, 1996)
1996 Conn. Super. Ct. 1331-QQQQ (Connecticut Superior Court, 1996)
Avon Plumbing & Heating Co. v. Fey
670 A.2d 1318 (Connecticut Appellate Court, 1996)
Zaleski v. Dudek, No. Cv-90 0375264 S (Aug. 9, 1995)
1995 Conn. Super. Ct. 8835 (Connecticut Superior Court, 1995)
Qualx, Inc. v. Bryan, No. Cv 95 0067264 (Jun. 9, 1995)
1995 Conn. Super. Ct. 7342 (Connecticut Superior Court, 1995)
Haber v. Letsky, No. Cv 93 0061511 (Aug. 12, 1994)
1994 Conn. Super. Ct. 8109 (Connecticut Superior Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
535 A.2d 824, 13 Conn. App. 194, 1988 Conn. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odonnell-v-rindfleisch-connappct-1988.