Crotts Enterprises, Inc. v. John Payne Co.

Beasley, Chief Judge.

Crotts manages a variety of real estate properties, including the Montreal office park. Payne is a heating, ventilation, and air conditioning contractor which serviced HVAC systems at various Crotts sites and had installed some of them, including the one at Montreal. Payne sued on account and for breach of contract for $21,429.26 representing unpaid invoices. Crotts counterclaimed for breach of contract, later amending it to assert passive concealment of construction defects.

At trial, Crotts contended that Payne improperly installed the Montreal HVAC system, did not…