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Plaintiff hired Defendant to replace the cement surrounding her swimming pool as well as pipes leading to the pool. The pool liner was also replaced by another contractor. After the work was completed and the pool was filled, water collected behind the liner and the pump did not function properly; ultimately five return lines were replaced by another contractor. The trial court found that Plaintiff had failed to establish by a preponderance of the evidence that the Defendant had performed substandard work or had violated the CSPA. The Court of Appeals affirmed, finding that the evidence had not established how many or which lines Defendant had replaced or that any of the lines Defendant had replaced were the lines that were leaking. The evidence also failed to support Plaintiff's claim that Defendant's work was substandard or that it had caused any damage to the pipes or the pool liner. There was evidence that Defendant had failed to provide an estimate for work over $25 required by OAC 109:4-3-(A)(1), a receipt for additional work performed, or an itemized list of parts required by OAC 109:4-3-05(D)(12). The Court of Appeals found that Plaintiff was entitled to the statutory damages of $200 for each of those violations. The case was remanded to the trial court for a determination if Plaintiff was entitled to an award of attorney fees for those counts.
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