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Mr. Mellen was the general contractor for, and oversaw, the
construction of petitioner’s residence during the 1980s. Al-
though petitioner and Mr. Mellen have been living in that resi-
dence since 1987, as of the time of the trial in this case,
certain work on petitioner’s residence remained unfinished,
including completing the installation of gutters, certain
stuccowork, certain cement work, certain sheetrock work in the
garage, and certain landscaping in the backyard. The unfinished
sheetrock work in the garage of petitioner’s residence has
prevented petitioner and Mr. Mellen from obtaining a certificate
of occupancy for that residence. Without such a certificate of
occupancy, the local authorities will not approve petitioner’s
residence for permanent, as opposed to temporary, power.
Since at least March 1999, petitioner and Mr. Mellen have
had certain maintenance problems with petitioner’s residence,
including certain cracked ceramic tiles, certain leaky
plumbing,12 wood rot in certain windows, certain flooding and
mildew problems in the basement, and a missing piece of flashing
from the roof. As of the time of the trial in this case, Mr.
Mellen had fixed the leaky plumbing in petitioner’s residence,
11(...continued)
during 2001 when Jamie, Jessica, and Glen moved out of peti-
tioner’s residence.
12The leaky plumbing in question caused certain sheetrock to
rot.
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