Deborah Eckland represented the roofing contractor in a townhome construction defect case Hyland Courts Town Home Owners Association and AAMCO Insurance Company v. BEI Exterior Maintenance Corporation v. William Cole d/b/a Cole Roofing, 2006 WL 1806175 (July 3, 2006). Hyland Courts and its subrogated insurer, AAMCO, claimed BEI and its subcontractor, Cole Roofing, negligently roofed the 190 townhomes following a hail storm and caused ice dams and water intrusion. Hyland Courts and AAMCO claimed the roofs needed to be replaced for $1,400,000.
BEI and Cole defended their work, arguing that: 1) Hyland Courts had had ice dams and water intrusion problems in the past, 2) the condition was caused by the design of the units and their lack of ventilation, and 3) the winter during which the damage occurred was one of the worst for ice damming and water intrusion in Minnesota history.
Deborah tried the case to a jury for 13 days. The jury deliberated for four more days. The jury’s verdict found Hyland Courts and its Association Board were more negligent than BEI and Cole; thus, Hyland Courts and AAMCO recovered nothing. BEI and Cole received payment of their costs and disbursements pursuant to unaccepted Offers of Settlement.
Hyland Courts and AAMCO appealed the jury’s verdict to the Court of Appeals. The Court of Appeals affirmed in all respects.
If you would like, click to read the Court of Appeals decision.