Williams v. Alexander

258 So. 3d 30
CourtLouisiana Court of Appeal
DecidedDecember 6, 2017
DocketCA 17–436, CA 17–437
StatusPublished

This text of 258 So. 3d 30 (Williams v. Alexander) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Alexander, 258 So. 3d 30 (La. Ct. App. 2017).

Opinion

PERRET, Judge.

This appeal involves two consolidated cases regarding a construction contract. The contractor, Calvin Paul Williams (Mr. Williams), filed a Statement of Claims asserting he is owed money by Vincent Alexander (Mr. Alexander) for work he performed under a construction contract. Mr. Alexander denied any money was owed and, instead, filed suit seeking money damages for breach of contract. The trial court rendered judgment in favor of Mr. Williams for $1,125.00 with legal interest from date of judicial demand plus all costs of the proceedings, and dismissed the suit filed by Mr. Alexander. Mr. Alexander now appeals. Mr. Williams did not answer the appeal. Finding no manifest error, we affirm.

ISSUE FOR REVIEW

This court must decide whether the trial court erred in finding that Mr. Williams performed the construction contract in a *32good, workmanlike manner, free from defects in either materials or workmanship and thus was entitled to payment per the contract.

FACTUAL AND PROCEDURAL HISTORY

Appellant, Mr. Alexander, entered into a contract with appellee, Mr. Williams on June 13, 2016, to perform certain repairs to a building located at 360 Cannery Road, Breaux Bridge, Louisiana. The construction contract included carpentry, electrical, and plumbing work. The agreed upon price for the work was $2,750.00. Mr. Alexander partially paid Mr. Williams in advance for the work.

Subsequently, Mr. Williams contends that he completed the work pursuant to the agreement. However, Mr. Alexander alleges that Mr. Williams' work was sub-par and incomplete.

After becoming dissatisfied with the work, Mr. Alexander consulted and hired other contractors to repair the defects. At the time, Mr. Alexander had partially paid Mr. Williams up front for the job, but stopped payment on the final check for the amount of $1,150.00 when he became dissatisfied with Mr. Williams's work.

Mr. Williams thereafter filed a Statement of Claim and Citation alleging the work for which he was hired was completed, yet full payment had not been made. Mr. Williams asserts that he was hired to provide installation and electrical work for Mr. Alexander. Mr. Williams states that, after completing the work requested, Mr. Alexander checked the work and wrote him a check for the remainder of the amount owed under the contract. However, a stop payment was later issued on this check by Mr. Alexander. In support of his claim, Mr. Williams attached the purchase order for the work.

Likewise, Mr. Alexander also filed suit seeking money damages for breach of contract. Mr. Alexander alleges that Mr. Williams's workmanship was faulty, requiring him to hire other contractors to finish and fix the work Mr. Williams was originally hired to do. Consequently, Mr. Alexander claims he incurred additional costs to repair the problems caused by Mr. Williams's faulty work.

Mr. Alexander requested and the court agreed to consolidate both suits.

At the trial, both parties presented their claims pro se. There is no dispute that Mr. Williams and Mr. Alexander entered into a contract for contractor work. The testimony evidenced an agreement between the parties for certain work to be performed for the amount of $2,750.00. The work agreed upon was detailed in a purchase order and included: the installation of a three compartment sink, relocation of a washer and dryer hook up, installation of an electric hook up for a stove, installation of a long neck hood for a stove, installation of a receptacle for a stove, installation of a small sink and wash tub, relocation of the hot water tank, closure of a door, relocation of a door, and closure of the previous door opening.

Mr. Williams testified all the appliances were provided by Mr. Alexander, including the stove hood. Mr. Williams agreed to install a long neck hood, however, Mr. Alexander provided him with a hood that is installed under a cabinet. Mr. Williams testified the long neck hood was necessary because cabinet doors would not open due to a beam that was in the way. Mr. Williams also testified he did not place the receptacle box for the hot water heater up top where Mr. Alexander wanted it because he could not do so safely. Instead, he put the receptacle box lower, where it would not be near a sink, causing a safety hazard. Mr. Williams testified he completed *33all the tasks required of him in the contract. Mr. Williams introduced the purchase orders he and Mr. Alexander agreed on, as well as blueprints showing the location of the washer and dryer, the sink, and the type of stove hood to be installed.

Mr. Alexander presented testimony from Larry Carmouche, a contractor he hired after Mr. Williams. Mr. Carmouche testified he refinished sheetrock work, screwed a three compartment sink into the wall so it would be sturdier, and closed a hole or window opening with vinyl sheeting for Mr. Alexander. Although Mr. Alexander alleges Mr. Williams failed to install the three compartment sink, Mr. Carmouche testified the three compartment sink was already installed when he arrived. Mr. Carmouche further testified he did not see any leakage from the sink. Mr. Carmouche did testify that the cabinets above the stove hood would not open because of a beam. Therefore, Mr. Carmouche lowered the cabinets so the doors would open. Mr. Carmouche also testified the door installed by Mr. Williams was operable, it would open and close, but it appeared to be leaning slightly. Mr. Carmouche was not asked to fix the door.

Mr. Alexander also presented Ozer Alexander, an electrician who worked on the property after Mr. Williams. Mr. Ozer testified the water heater plug was too low and, with the tank was against the wall, the receptacle box could not be reached where it was currently located. Mr. Ozer also testified the stove required a four-wire plug but only a three-wire plug was installed. The four prong receptacle for the stove was acceptable, but the wire, a three prong wire, was not acceptable. Mr. Ozer also testified the dryer could not be plugged in because the vent dryer duct was in the way. The hole for that duct was also larger than the duct.

Mr. Alexander next presented Francis Alexander, a plumber. Mr. Francis testified the work Mr. Williams completed would have worked, but that there were leaks from the sink faucet. Mr. Francis also testified the drain was not properly connected; therefore, the water would drain on the floor. Mr. Francis estimated the fix would be twenty-five dollars ($25.00).

On October 10, 2016, the trial court ultimately ruled in favor of Mr. Williams in open court, finding Mr. Williams completed the work required of him by the contract in an operational manner, although the work may not have been performed to a high standard, comparing Mr. Williams's work to a "Volkswagen" rather than a "Cadillac." The trial court pointed out that there were no conditions or standards specified in the contract other than the work was to be performed. The trial court also deducted $25.00 from Mr. Williams's contract price for the cost of fixing the improperly installed drain. The trial court's judgment was reduced to writing and signed on October 24, 2016. Mr. Alexander now appeals.

STANDARD OF REVIEW

On appeal, the trial court's factual findings in a breach of contract claim are reviewed under the manifest error or clearly wrong standard of review. See Maxwell v. Cayse

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Cite This Page — Counsel Stack

Bluebook (online)
258 So. 3d 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-alexander-lactapp-2017.