T&R Painting and Drywall v. Town Building & Development CA2/6

FACTS AND PROCEDURAL HISTORY

TBD is a general contractor hired to manage the build-out of two single family residences. In November 2017, TBD hired subcontractor T&R to install drywall and paint the two residences (the Project). The parties entered into a drywall contract in which T&R agreed to install drywall for $52,440. The parties also entered into a painting contract in which T&R agreed to paint the residences for $13,185. T&R began the drywall installation in May 2018. In October 2018, TBD was dissatisfied with T&R’s progress and sent T&R a 48-hour notice to perform. The notice required T&R to have a crew of four painters within 48 hours and remain on the job until the exterior painting was completed. T&R did not perform as required by the notice. TBD hired other contractors to repair, redo, and complete the drywall installation and painting. T&R sued TBD2 for breach of contract and quantum meruit, seeking payment for the work T&R performed. T&R alleged in its complaint that it was a licensed subcontractor for drywall and painting services. TBD filed a cross-complaint for breach of contract, alleging $56,205 in damages as a result of T&R’s failure to perform. The trial…