Batson-Cook Company v. Rc Pierce Roofing Company, Inc.

Eberhardt, Judge.

Pierce, a subcontractor, brought suit against Batson-Cook, the prime contractor on a construction project, to recover a balance alleged to be due to it for installing a roof. Batson-Cook defended, setting up that Pierce was obligated under its subcontract to install a "watertight” roof and to make all repairs necessary to maintain it for a period of five years; that after the roof was installed it "blistered” and many leaks occurred. For a while Pierce responded in making repairs, but then it refused to make further repairs, and it became necessary for Batson-Cook, who was…