Potomac Plaza Terraces, Inc. v. QSC Products, Inc.
United States District Court for the District of Columbia
868 F. Supp. 346 (1994)
Facts
The housing cooperative Potomac Plaza Terraces, Inc. (PPT) (plaintiff) hired Ron-Ike Foam Insulators to install two roofing systems using a polyurethane coating manufactured by QSC Products, Inc. (QSC) (defendant). Following installation, a QSC representative inspected the roofs and issued warranties that conspicuously excluded a warranty of merchantability as well as disclaimed damages arising from leaks. The warranties limited PPT’s remedies to repairs as the exclusive remedy. After three years, the coatings deteriorated and cracked and began leaking water. QSC offered three times to respray the main roof to repair it, but PPT refused, believing leaks would continue. PPT wanted QSC to replace the main roof’s foam system with a conventional tar-and-gravel roof. QSC refused. PPT hired another contractor to replace the roof. PPT brought an action against QSC for breach of implied warranty of merchantability, breach of contract, contract-based negligence, and strict liability. PPT sought compensatory, consequential, and incidental damages. PPT alleged QSC issued its warranties without properly testing its product and without properly training its inspector or vetting the installer. Conflicting expert evidence was presented as to whether respraying would solve or exacerbate the problem. QSC brought a motion for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Harris, J.)
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