Panorama Village Homeowners Ass'n v. Golden Rule Roofing, Inc.

10 P.3d 417 (2000)

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Nature of the Case

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Facts

D contracted to install nine roofs for P. Some of the contracts involved the installation of U.S. Intec materials and included U.S. Intec's 10-year material warranty. One involved the installation of a Firestone membrane and included the manufacturer's 10-year labor and material warranty. P discovered that neither U.S. Intec nor Firestone had a record of any warranties issued for its roofs. P sued D, claiming that the construction was defective and that they had not received manufacturers' warranties for the materials. D responded by issuing P backdated U.S. Intec warranties. The company further provided its own 10-year labor and material warranty as a substitute for the Firestone warranty and agreed to complete some items that had not been performed in accordance with the contracts' specifications. The trial court awarded P $28,612 in damages. The award included a portion of the cost to replace the roofs, prorated to reflect the existing roofs' performance prior to the suit, and incidental and consequential losses. D challenges the trial court's decision to award damages based on the cost of replacing the roofs.