Premier Land Development v. Joseph Kishfy Bel Air Tile Company, Inc. v. Joseph Kishfy

Syllabus

The defendant, Joseph Kishfy, appealed from a Superior Court judgment in favor of Premier Land Development in these consolidated cases. The plaintiff was awarded damages plus interest, while the defendant's counterclaims were dismissed. On appeal, the defendant asserted the trial justice erred: (1) in applying the doctrine of merger by deed (2) in calculating damages (3) in allocating responsibility for the bearing wall (4) in finding that the implied warranty of habitability did not apply and (5) in finding that the subcontractors' mechanics' liens were assignable to the plaintiff.<br><br>The Supreme Court concluded that the trial justice did not err in her decision finding in favor of the plaintiff. The Supreme Court held that any error in applying the doctrine of merger by deed by the trial justice was harmless error as the defendant materially breached the construction contract. Furthermore, the Supreme Court determined that the damages were correctly calculated, responsibility for remediating the bearing wall was properly attributed to the defendant, and the implied warranty of habitability did not apply as this was a renovation project and not new construction. Finally, the Supreme Court held that a subcontractor's mechanics' lien is assignable to a general contractor.<br><br>Accordingly, the Supreme Court affirmed the judgment of the Superior Court.