from the Iowa District Court for Shelby County, Susan
contractor appeals the district court judgment finding the
contractor breached the terms of a contract and awarding the
Michael J. Riley and Bryan D. Swain of Salvo, Deren, Schenck,
Gross, Swain & Argotsinger, P.C., Harlan, for appellant.
J. McGinn of McGinn, Springer & Noethe P.L.C., Council
Bluffs, for appellees.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
World of Omaha sued Jason and June Kopiasz for unpaid
balances on contracts entered into to replace windows,
siding, soffit, fascia, and gutters and downspouts on the
Kopiaszes' home. The Kopiaszes counterclaimed for
damages, alleging Window World had breached the contracts.
The district court held Window World breached the contracts
and awarded damages, in part, to the Kopiaszes. Window World
asserts the district court erred in holding it breached the
contracts with the Kopiaszes or, alternatively, the district
court incorrectly calculated damages.
Background Facts and Proceedings
Kopiaszes contacted Window World in 2011 after receiving hail
damage to the siding of their home. A sales manager for
Window World, toured the home and suggested the windows be
replaced prior to any work on the siding. On November 16,
2011, the Kopiaszes entered into a contract to replace the
windows on their home for $5500. The Kopiaszes paid $2750
upon signing the contract. The second half of the payment,
$2750, which due upon completion of the project on March 7,
2012, was withheld by the Kopiaszes because they were
dissatisfied with the work. Initially, the crank arms fell
off of the window when the windows were opened; subsequently,
most of the windows did not seal, and when the windows were
closed and locked, the window and the gasket did not meet.
Additionally, all of the windows leaked. A Window World
representative visited the home approximately ten times to
"fool around" with the windows. Eventually, because
of the lifetime warranty, Window World offered to replace the
window sashes, which it felt would be a good solution to the
problems. By June 2014, the sashes were obtained, but
negotiations with the Kopiaszes had ceased, and the sashes
were not installed.
on April 4, 2013, the Kopiaszes entered into a contract with
Window World to install vinyl siding, soffit, fascia, window
and door wraps, and gutters and downspouts. The total price
of the contract was $13, 619 with $8000 paid upon signing.
The Kopiaszes' home included fascia that had crown
molding, so Window World determined the gutters were required
to be strapped to the house. Strapped gutters are screwed
into the roof, however. Window World advertising material
does not include a home with gutter straps. The Kopiaszes
objected to the gutters being strapped to the roof.
the siding, soffit and fascia was not installed in accordance
with the Kopiaszes' design preferences, the remaining
balance of $5619 was unpaid.The Kopiaszes decided to engage
another contractor, Jose Home Improvements, to address the
problems they were having. Jose Rivera, the owner-operator,
testified that he had twenty-six years of experience in
construction, including soffit, fascia and window work, and
had owned his own business for twelve years. Rivera
"fixed" the work Window World had done on the
soffit and fascia, charging the Kopiaszes $2200 for his work,
and installed gutters and downspouts for an additional $1000,
all in accordance with the Kopiaszes' wishes.
Additionally, Rivera indicated $9300 would be a fair and
reasonable estimate for replacing the windows, as he
determined none of the windows could be salvaged for repair.
October 12, 2015, Window World filed their petition against
the Kopiaszes for the balance of both contracts, which
totaled $6619. The Kopiaszes counterclaimed for damages,
alleging Window World breached the contracts between the
parties. After a trial, the district court filed its order on
December 23, 2016. Regarding the siding contract for soffit
and fascia, the court granted the Kopiaszes' counterclaim
in part, but ordered the Kopiaszes to pay Window World $669
of the $3869 demanded. Regarding the window contract, the
court held Window World breached the contract, and awarded
the Kopiaszes $9300-the estimated cost of replacing all the
windows. The court offset the awards and ordered Window World
to pay $8631 to the Kopiaszes.