Fengler v. Northwest Connecticut Homes, Inc.

The dispositive issue of this appeal is whether the trial court erred when it imposed the payment of the defendants’ counsel fees as a condition of allowing the plaintiffs to amend their complaint during trial.

The facts as found by the trial court are that the defendants1 agreed in writing to complete certain work on the plaintiffs’ house, and that, as the defendants conceded, the value of the uncompleted work was $4067.19. Since the court found that the plaintiffs were not entitled to damages for other items not listed on the written agreement, the court rendered judgment for the plaintiffs…