I decline to order general damages, for a number of reasons: the relief awarded here is based in contract, not tort, for which general damages are not often ordered (Hickey’s Building Supplies v. Sheppard [2013] N.J. No. 68 (paras. 117-120)). In relation to the issue of “loss of use”, I have not been provided with any evidence upon which I can base a finding that the Seguins suffered any appreciable loss of use of their home due to the installation / non-installation of perimeter drain tile. Furthermore, I have carefully considered the Seguins arguments in relation to issue of “peace of mind” contracts; I have concluded that the circumstances here do not constitute a significant enough breach to result in damages under such a heading.
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