Smith v. Kennedy

MACY, Justice.

This is an appeal from a judgment entered pursuant to a jury verdict, awarding money damages for breach of a warranty to construct a swimming pool in a competent and workmanlike manner, and from a judgment of the district court, awarding attorney’s fees.

We affirm in part and reverse in part.

The primary issue is whether a contractor, who installed an in-ground swimming pool and damaged its liner in the process, is liable to the owner for attorney’s fees under the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act, 15 U.S.C. §§ 2301 through 2312 (1988) (Warranty…