June 25, 2017

Breach of Contract

Fitchburg District Court

Client, a local building supply store sued the defendant, a general contractor, civilly for breach of contract and other grounds. Attorney Damian Riddle is corporate counsel for the Plaintiff, building supply store. Defendant entered into a contract with the client by signing a credit agreement and promising to pay for any goods charged on the account and pay 18% percent per annum on any charges unpaid beyond thirty days in addition to attorney’s fees incurred in collection.

Plaintiff supplied approximately $75,000.00 in goods to defendant for the construction of a 4000 sq. ft. home he was building for himself in the town of Harvard, MA. Plaintiff supplied and defendant received the goods over a six month period without objection. After approximately six months and the home being substantially complete, the defendant objected for the first time to a beam installed into the home. Thereafter the defendant began to object to a host of issues including the quantity and quality of goods, the plans used on the project and whether or not the goods charged to the defendants account were authorized.

The plaintiff attempted to work with the defendant relative to his complaints and resolve any issues. However, the more the plaintiff tried to resolve the issues the more acrimonious the defendant became. Eventually the plaintiff filed suit against the defendant. After months of legal maneuvering the defendant filed counterclaims alleging a host of improper conduct on behalf of the plaintiff.

Attorney Damian Riddle first entered the case after it had already been scheduled for trial. Attorney Riddle went to work quickly analyzing and preparing the case for trial. During the jury trial Attorney Riddle presented expert testimony of a local building inspector as well as the testimony of three other witnesses. The jury trial lasted two days and the jury returned a verdict in favor of the plaintiff on all three counts. The jury denied all of the counterclaims filed by the defendant. The jury awarded the plaintiff damages in excess of the amount requested by Attorney Damian Riddle and his client. Attorney Riddle was also successful in obtaining interest on the judgment and attorney’s fees.

Result: The jury returned a verdict in favor of the Plaintiff, client.