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A. Salvati Masonry, Inc. v. Andreozzi

Superior Court of Rhode Island

December 12, 2014

A. SALVATI MASONRY, INC.
v.
MICHAEL ANDREOZZI AND AMY ANDREOZZI

Kent County Superior Court

For Plaintiff: Joseph R. Daigle, Esq.

For Defendant: Raymond R. Pezza, Esq.

DECISION AND ORDER

RUBINE, J.

In this case Plaintiff A. Salvati Masonry, Inc. (Salvati or lienor) seeks to enforce a mechanic's lien on property located at 6 Old Farm Road, East Greenwich, Rhode Island (the Property) owned by the Defendants Michael Andreozzi and Amy Andreozzi (Andreozzis or owners). In response to a Complaint to Enforce Mechanic's Lien filed by Salvati, the owners have filed a petition to show cause pursuant to G.L. 1956 § 34-28-17.1.[1]

The Andreozzis' petition to show cause alleges Salvati cannot enforce a mechanic's lien on the Property, based upon the following alleged facts:

1. The Andreozzis are owners of the Property.
2. Salvati originally performed work on the Property as a subcontractor—Pariseault Builder's, Inc. (Pariseault or the general contractor).
3. By the autumn of 2012, Pariseault had substantially completed its work as the general contractor, but at that time Salvati's masonry work had not been completed.
4. As of spring 2013, Salvati allegedly had two remaining tasks to perform at the Property based upon its original subcontract with Pariseault. It is further alleged that in the winter of 2013, the owners were considering having Salvati perform additional work at the Property—work not contemplated by the original contract.
5. Also, in the winter of 2013, it was agreed among the owners, Salvati and Pariseault that Pariseault would withdraw as general contractor; and for future masonry work, Salvati would work directly for the owners.
6. The only obstacle to Pariseault's withdrawal as general contractor was that some of Salvati's masonry work originally contained in its subcontract with Pariseault was not substantially completed.

Accordingly, to facilitate Pariseault's withdrawal, Salvati allegedly agreed with the owners that as to masonry work yet to be completed, Salvati would work directly with the owners.

7. In the spring of 2013, Pariseault agreed with the owners to reduce the original contract price. As part of this agreement, the owners acknowledged that in return for their payment to Pariseault of the reduced contract price, the contract was marked "paid in full." Salvati also signed this document, allegedly acknowledging its agreement that the ...

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