Smith-Wolf Construction, Inc. v. Hood

CRISWELL, Judge.

Defendant, A1 Hood, appeals from the district court judgment that awarded plaintiff $52,646 in damages for breach of express and implied warranties relating to a waterproofing product manufactured by defendant. We affirm in part and reverse in part.

Plaintiff entered into a subcontract with the general contractor to perform waterproofing services in conjunction with the construction of the second bore of the Eisenhower Tunnel. Prior to preparing its bid that led to this subcontract, plaintiffs agent had several conversations with defendant concerning its waterproofing product,…