Wiggins Construction Co. v. Joint School District No. 3

There are two issues presented by this appeal: (1) Did the trial court err in finding the work as constructed by respondent defective as a matter of law, despite the jury verdict to the contrary; and (2) did the trial court in this case properly apply the Powers rule in assessing damages against respondent in the sum of $1,800?

The building contract requiring the roof deck to be constructed with a four-inch pitch to the east and to the west was of importance since it was to be used as a classroom and as a means of ingress and egress to the adjoining school building. Proper drainage was…