Question 5

Superior Paver sued homeowners Pamela and Mark for $14,350 it claimed was still owed as extra work incurred in installing concreate pavers in the driveway of their residence.Pamela and Mark had previously paid the $45,000 contract price, and they counterclaimed for $60,500 for the reasonable cost of making the contractor's work conform to the contract.The evidence established that Superior did not install a proper base of 3" to 4" of crushed limestone before installing the pavers as required by the contract, which caused the pavers to move creating gaps between the pavers (which were also big enough to allow squirrels to craw underneath) and caused water to flow into the garage.To correct the problem the squirrels needed to be chased out, the pavers needed to be removed, and the area excavated and replaced with a crushed limestone base before, again, installing the pavers.Superior claimed it had substantially performed the contract as their performance resulted in a fully usable driveway, and, the proper remedy, if any, was the reduction of the market value of Pamela and Mark's property due to any defective performance.Superior further asserted that the cost of redoing the entire job would be economic waste.