Creative Marine, Inc. v. Zaccai

Fremont-Smith, Thayer, J.

This case was tried jury-waived August 14-18, 2006. At the close of trial, the parties filed their requests for rulings and findings which, to the extent deemed relevant, are incorporated into this Memorandum of Decision.

The dispute arises out of the construction of an addition to defendants’ home in Newton, Massachusetts. A written contract, dated June 23, 1998, provided for a contract price of $399,016.90. Removal of ledge for the foundation was to be at the defendant owners’ expense. Any additional work was to be documented by change orders signed by all parties.

Dis…