Superior Court of Connecticut, Judicial District of Waterbury, Waterbury
MEMORANDUM OF DECISION
RUPAL SHAH, Judge.
plaintiff, Jillian Zampaglione, brings this action in five
counts against the defendant, James Dempsey. The plaintiff
brings the following claims in connection with her contract
for home improvement with the defendant:
(1) breach of contract;
(3) unjust enrichment;
(4) violation of the Connecticut Home Improvement Act,
General Statutes § 20-418 et seq.; and
(5) violation of the Connecticut Unfair Trade Practices Act
(CUTPA), General Statutes § 42-110a et seq.
defendant was defaulted for failure to plead on January 23,
2017. The matter was heard by the court on May 5, 2017. The
court received certain documents into evidence and heard the
testimony of the plaintiff. The defendant received notice of
the hearing on March 16, 2017, but failed to appear.
on the allegations of the complaint, the documents submitted
into evidence and the testimony heard at trial, the court
makes the following findings of fact:
September 10, 2014, the plaintiff entered into a written
contract with the defendant for home improvement services
(Contract) at the plaintiff's home at 435 West Hill Road
in New Hartford, CT.
the time of the execution of the Contract, the defendant
represented to the plaintiff that he was a fully licensed and
insured home improvement contractor.
fact, the defendant had not been licensed since November 30,
2012, and had not been insured since January of 2013, in
violation of the Connecticut Home Improvement Act (CHIA).
Despite his non-compliance with CHIA, the defendant began a
series of substantial home remodeling projects on the
plaintiffs home. In the interior of the home, the defendant
agreed to removing sheetrock and insulation, inspecting the
framing and reinstalling insulation and sheetrock in three
bedrooms, hallway and bathroom; installing a Jacuzzi tub in
the bathroom and appropriate plumbing and electrical;
installing lighting in the kitchen, installing granite
countertops in the kitchen, installing a stove pipe in the
kitchen and removing and replacing two windows. On the
exterior of the home, the defendant agreed to finishing the
cement board, skim coating the entire exterior of the home,
spraying on rubber siding, repairing the chimney, installing
a bulkhead, basement and front door to the home; framing and
constructing a front porch; framing and constructing a two
story, three bay garage with a fully functional kitchen and
bathroom and 25, 000 btu electric forced air unit; and
repairing the roof on the home with a matching roof over the
the Contract, the plaintiff agreed to pay the defendant a
total of $70, 900.00 to complete the home remodeling and
renovation as contemplated by the Contract. In accordance
with the Contract, the plaintiff agreed to pay the defendant
an initial amount of $28, 672.56 to cover the cost of parts
and equipment, and an additional $10, 000.00 every week until
the total $70, 000.00 was reached. The Contract allowed for
the additional cost of parts and equipment for the
countertops, stove pipe and garage stairs.
plaintiff paid an initial amount of $28, 672.56 to the
defendant by certified bank check, in accordance with the
terms of the Contract. Thereafter, the defendant began work
on the above mentioned projects on September 11, 2014.
Additional costs were accrued in the amount of $ 11, 180.00,
increasing the total cost of the project to $82, 080.00. The
plaintiff and the defendant agreed to this modification to
the contract's original terms by email on October 18,
accordance with the Contract, the plaintiff submitted
certified bank checks in the amounts of $10, 000.00 on
September 18, 2014 and September 26, 2014. On October 4,
2014, a check for $11, 380.00 was submitted to the defendant
to cover ...