Treadwell v$.$ J$.$D$.$ Construction Co$.$

$938$ A$\mathrm{.}2$d $794($Me$.2007)$

buswhexs under the assumed name JD$.$ Consinuction Ca$.$ InC

In $2003,$ when Leah and Whiliam Theadwell decided to bulld a home, they were reforned to Der. The Theadwells brought their home plans so Derr's office to get a quote and left the plans with an emplove, Jane Veinot. They did not meet with Derr but received a quote from him in the mail Soon after, the Theadurells signed a contract with J$.$D$.$ Construction, with work to start in May $2003.$ Derr signed the contract, and his srignature appeared on the contract as follows:

J$.$D$.$ Construction Co$.$ Inc,

By: Jesse Derr

The name JCDER Inc was nowhere in the contract, and the Theadwells were unaware of the existence of JCDER Inc. when they signed the agreement. None of the documents the Theadwells received from J$.$D$.$ Construction indicated that the compary's real name was JCDER Inc

Mr$.$ Treadwell restified that he spoke with Derr rwice at the worksite, just as they were breaking ground. The Treadwells, who visited the site almost dails: never saw Derr again, even though they tried many times to contact him. They spoke to Veinot often, but she would tell them that Derr was at another construction site. Derr had hired subcontractors to do the work on the Treadwells' property. Around Thanksgiving $2003,$ the Theadwells visited the site and found that Derr had abandoned the job with the house unfinished because the company was not making any money on the job. The Theadwells had paid Derr approximately $$91,000$ before construction halted.

The Theadvells found many problems with the structure, including twisted studs and other lumber that had to be replaced. The Treadwells hired new contractors to fix and finish the project, for which they paid a significant sum.

To recover the additional costs, the Treadwells sued J$.$D$.$ Construction Co$.,$ JCDER, and Derr for breach of contract and other grounds. The trial court awarded the Theadwells damages against J$.$D$.$ Construction Co$.$ and JCDER but found that Derr was not personally liable for the damages. The Treadwells appealed to The Supreme Judicial Court of Maine, asking that Derr also be held liable.

$1038$