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ARTICLE ID 35031

$________ ON COUNTERCLAIM ACTION FOR SUM DUE AND OWING FOR COMMERCIAL INSTALLATION OF WINDOWS - COUNTERCLAIM FOR NEGLIGENT INSTALLATION - PROPERTY DAMAGE.

Philadelphia County

The plaintiff, a glass service corporation, filed this complaint on a mechanics lien against the defendant, claiming that the defendant owed some $________ on a contract for installation of new windows and doors in the defendant’s union hall. The defendant filed a separate action claiming that the plaintiff negligently installed the windows and doors, resulting in some $________ in property damage to the defendant’s premises. The cases were consolidated and the defendant’s complaint treated as a counterclaim for trial purposes.

The plaintiff, Glass Services’s, expert engineer testified that the windows were properly installed by the plaintiff. This expert opined that any leakage of water, or resulting property damage to the defendant’s premises was due to poor design and construction of the building, not to any action or inaction of the plaintiff.

The plaintiff also disputed the amount which the defendant contended was necessary to replace the windows and repair damage to the building.

The defendant union’s glass expert testified that the windows were not installed properly and required replacement. The defendant alleged that the improper installation of the windows allowed water to enter the building and caused paint, wood and sheetrock damage. The defendant paid some $________ of the total contract price for installation of the windows and doors, according to evidence presented. The defendant’s window construction expert estimated that it would cost approximately $________ to replace the windows and repair resulting damage.

The case was tried as a bench trial with a finding that the plaintiff committed a material breach during performance of the contract. The defendant union was awarded $________ against the plaintiff on its counterclaim.

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