Paul Geraghty, Geraghty & Bonnano. Courtesy photo

A successful motion for attorney fees led to a New London Superior Court judge awarding more than $126,000 to the plaintiff in a construction breach of contract case.

In his five-page ruling, Judge Matthew Frechette found defendant Vincent Savalle deliberately stalled the case in which he was accused of performing shoddy construction work on the Stonington home of Lee Winakor.

The ruling means Savalle must cover the bill, plus interest, for Winakor's attorney, plaintiffs counsel Paul Geraghty of Geraghty & Bonnano in New London.

"The defendant bitterly contested virtually every element of the plaintiff's case, forcing a great deal of time and effort by the plaintiff in order to prove his case and defend against the defendant's counter-claim," the judge found.

After a bench trial, the judge found in favor of Winakor, who by then had incurred six-figure expenses for the litigation, according to court pleadings.

"Plaintiff's counsel is an experienced litigator, and his hourly rate of $300 an hour is, if anything, modest," Frechette found. "The hours submitted were more than justified."

At issue was an August 2018 ruling Frechette made, stating that Winakor was entitled to $100,173 for subpar work that included using large rock and boulders, instead of dirt, to support the foundation and improperly install Winakor's septic system.

The builder backfilled the septic system with rocks instead of sand, and the structure was too close to the surface, Winakor's attorney argued.

Geraghty said proving the case and combating the defense's maneuvering meant spending for expert witnesses and other expenses.

For instance, during trial, Savalle claimed that he hadn't signed the contract that Winakor had presented into evidence. The judge disagreed, finding that a handwriting expert had proven otherwise.

"In the face of this overwhelming evidence, the defendant still insisted the signature was not his," Frechette found. "This necessitated the submission of extensive evidence and testimony on this issue, all of which could have been avoided if the defendant had complied with the (Home Improvement Act)."

Defense counsel—New London solo practitioner Frank Liberty and Massachusetts attorney Patrick Markey of Springfield-based Markey Barrett—did not immediately respond to requests for comment. Savalle has an unlisted Colchester telephone number and couldn't be reached by press time.

But Geraghty said the defense has indicated it plans to challenge the ruling before the Connecticut Appellate Court.

"Both the trial decision and the decision on attorney fees were factually bound," he said. "The appellate court rarely overturns a judge for factual findings."

Geraghty said he spent about 480 hours on the case that spanned several years.

"We ended up with 70-plus full exhibits," he said. "We put on an incredible amount of evidence to address claims they said they did not do."

Read more:

Stonington Man Gets $100,173 Ruling to Compensate for Sloppy Construction Work on Home