K & K CONSTRUCTION INCORPORATED v. City of Warwick

ORDER

The defendants, Raymond and Eileen O’Brien (the O’Briens) appeal from the denial of their motion for a new trial and challenge a judgment awarding damages in favor of the plaintiff, K & K Construction Incorporated (K & K). 1

In 1987 the city of Warwick (city) accepted the O’Briens into its On Site Program, a municipal initiative to assist homeowners in replacing failed septic systems. Pursuant to the program, the city loaned the O’Briens 60 percent of the cost of installing a new system and gave them the remaining 40 percent as a grant to be paid to the eventual contractor. After the city…