Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

Exercise 8

Negligence In July 2004, Emellie Anderson hired Kenneth Whitten, a licensed building contractor, to construct a two-story addition to her home. The bottom floor was to be a garage and the second floor a home office. In August, the parties signed a second contract under which Whitten agreed to rebuild a deck and railing attached to the house and to further improve the office. A later inspection revealed gaps in the siding on the new garage, nails protruding from incomplete framing, improper support for a stairway to the office, and gaps in its plywood flooring. One post supporting the deck was cracked; another was too short. Concrete had not been poured underneath the old posts. A section of railing was missing, and what was installed was warped, with gaps at the joints. Anderson filed a suit in a Connecticut state court against Whitten, alleging that his work was "substandard, not to code, unsafe and not done in a [workmanlike] manner." Anderson claimed that she would have to pay someone else to repair all of the work. Does Whitten's "work" satisfy the requirements for a claim grounded in negligence Should Anderson's complaint be dismissed, or should she be awarded damages Explain. [ Anderson v. Whitten, 100 Conn.App. 730, 918A.2d 1056 (2007)]