Date: 09-01-2012
Case Style: CMR Construction and Roofing, LLC v. Rainer Gerlach
Case Number: CJ-2009-2173
Judge: Jefferson D. Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney: Kenneth E. Crump, Jr., Barber & Bartz, Tulsa, Oklahoma
Defendant's Attorney: Lee Ira Levinson and Terence Patrick Brennan, Levinson Smith & Huffman, P.C., Tulsa, Oklahoma
Description: CMR Construction and Roofing, LLC sued Rainer Gerlach and Janet Gerlach on a breach of contract theory.
Defendants courter-claimed on Oklahoma Consumter Protection Act and Home Repair Fraud Act theories.
1. Plaintiff and Defendants entered into a Contract for a new roof on July 15, 2008. This Contract consisted of an Agreement and Buyer’s Right to Cancel document (See attached Exhibit A). This agreement included a payment for roof, gutters, exterior paint, and window screens.
2. The agreed-to price for the roof, gutters, exterior paint, and window screens was $21,560.51. (Ex. A)
3. On July 15, 2008, Defendants made a payment of $1,000.00 to PlaintifE (See attached Exhibit B)
4. On or about August 6, 2008, the materials for the roof were delivered. (See attached Exhibit C)
5. On or about August 18, 2008, Defendants made another payment of $6,669.77 to Plaintiff. (Ex. B)
6. On or about August 19, 2008, Plaintiff ceased work on Defendants’ roof despite incomplete chimney flashing, damage to Defendants’ ceiling, incomplete painting, and uninstalled guttering. @ C)
7. Plaintiff removed the Defendants’ wood shingles and replaced them with asphalt impact- resistant shingles. (See attached Exhibit D)
8. The Contract (Ex. A) requires that, prior to a change in materials, the revised cost and work to be performed must be submitted in a written change order and approved by Defendants. (Ex. A, p. 3)
9. No written change orders were ever submitted to Defendants. 10. Plaintiff invoiced Defendants on October 22, 2008, for $55,582.24. (See attached Exhibit E)
11. Plaintiff furnished an itemized statement to Defendants on October 22, 2008, labeled as “Roof Detail” in the amount of $43,017.38. (See attached Exhibit F) This invoice detailed a cost for wood shakes.
12. On November 12, 2008, Plaintiff submitted an invoice to Defendants in the amount of $42,594.53. (See attached Exhibit G)
13, On December 23, 2008, Plaintiff submitted an invoice to Defendants in the amount of $41,351.95. (See attached Exhibit H)
14. On January 6, 2009, Defendants made a payment to Plaintiff in the amount of $13,890.74 with a check labeled “paid in full.” Plaintiff accepted said payment. (See attached Exhibit I)
Outcome: Settled and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments:
