A. Salvati Masonry Inc.
Michael Andreozzi et al.
County Superior Court Nos. KM 13-1278, KC 14-773 Associate
Justice Allen P. Rubine
Plaintiff: Raymond R. Pezza, Esq.
Defendants: Joseph R. Daigle, Esq.
Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and
Gilbert V. Indeglia, Associate Justice
these consolidated cases,  the plaintiff, A. Salvati Masonry Inc.
(Salvati or plaintiff), appeals a nonjury-trial judgment for
the defendants, Michael and Amy Andreozzi (the Andreozzis or
defendants). This case came before the Supreme Court on
November 3, 2016, pursuant to an order directing the parties
to appear and show cause why the issues raised should not be
summarily decided. After considering the arguments set forth
in the parties' memoranda and at oral argument, we are
convinced that cause has not been shown. Thus, further
argument or briefing is not required to decide this matter.
For the reasons outlined below, the Superior Court's
judgment is affirmed.
appeal emanates from a payment dispute over the construction
of a backyard patio at defendants' property on Old Farm
Road in East Greenwich, Rhode Island. To develop their
property, the property owners, the Andreozzis, hired
Pariseault Builders (Pariseault) as a general contractor. In
turn, Pariseault, a nonparty, subcontracted with Salvati for
masonry work. From this involvement, Salvati claims money
owed by the Andreozzis beyond that paid to it by Pariseault.
Michael Andreozzi testified first. He stated that he
contracted in writing with Pariseault to build his home for
$1.8 million. He and his wife paid Pariseault $180, 000 for
their general contracting services, and Pariseault
subcontracted out various project parts. Mr. Andreozzi stated
that Salvati submitted two bids on the project. The first,
which involved the house structure, was completed. For this
bid, Salvati received full payment of approximately $135,
000. Pertinent to this appeal, the second bid, for $88, 845,
related to exterior landscaping.
Andreozzi testified that the second bid with Pariseault
"included all of the back patio work, the pool patio,
the walls around the back of the house, stone pillars,
limestone caps, steps, et cetera * * * ." As such, he
believed that Pariseault should have paid Salvati for the
aforementioned work. Mr. Andreozzi responded affirmatively
when asked whether he paid for the patio as part of
Salvati's $88, 845 bid for the second phase of masonry
Mr. Andreozzi testified about a conversation with Keith
Salvati,  owner of Salvati, on July
10, 2013. He stated that Mr. Salvati told him that he made a
significant error in his bid, worth between $12, 000 and $15,
000, because the bid erroneously omitted the patio masonry
work. He also stated that Mr. Salvati told him to withhold
payment for not-yet- completed work. He further acknowledged
that Salvati performed extra work outside of the original
Pariseault subcontract, which he paid for on the basis of
"time and materials."
Salvati testified next. He confirmed that Pariseault
contacted Salvati to submit a masonry bid for the
Andreozzis' project. Mr. Salvati denied making any
bid-preparation error and asking Mr. Andreozzi to hold back
Salvati testified that his prepared bid for Pariseault as the
masonry project subcontractor excluded the back patio. He
stated that he therefore did not bill Pariseault for the
patio work he performed. He testified that the item Mr.
Andreozzi referenced on the bid involved "the landscape
part of the project, " which encompassed
"[c]ultured stone on walls, steps, and columns."
Mr. Salvati also testified that he neither discussed a
specific price for the patio work with the Andreozzis nor
billed them on the basis of labor and materials. He suggested
that the second masonry bid excluded the patio because the
patio specifications, including the stone material and color,