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Weiss v. Harper12/4/2003
FOR PUBLICATION
In 1991, Warren and Maureen Harper entered into a home improvement contract with Weiss & Company, Inc. ("Weiss"). Upon completion of the project, the Harpers experienced water leaks and damage to the interior of their home. The Harpers filed a complaint against Weiss in Marion Circuit Court alleging in part they had suffered damages due to Weiss' poor workmanship and home improvement fraud. After a bench trial the trial court issued findings of fact and conclusions of law, in which it awarded to the Harpers compensatory damages in the amount of $157,651.04. Weiss filed a motion to correct error, which was denied.
Weiss raises five issues on appeal, which we consolidate and restate as:
1. Whether the trial court's findings are supported by the evidence and sufficiently specific to support the judgment;
2. Whether the trial court properly included in its award of costs items other than filing fees and statutory witness fees; and
3. Whether the award of attorneys fees to the Harpers was an abuse of discretion.
We affirm.
FACTS AND PROCEDURAL HISTORY
In 1991, the Harpers contracted with Weiss to construct a two-story addition to the Harpers' home. Weiss began construction in the summer of 1991 and substantially completed the work in February 1992. Shortly thereafter, water began to leak into the home in numerous areas as a result of a poorly constructed roof. The leaks continued for several years. The Harpers suffered damage to the interior of their home including wet and moldy drywall, peeling paint, water stains to the ceiling and walls, and an electrical fire in the breaker box. The bathtub and shower in the master bath were also improperly installed, causing additional water damage to the nearby walls of the house.
Weiss made attempts over several years to repair the damage to the Harpers' home, at times charging for those services and on other occasions making repairs free of charge. Despite the repairs, water continued to leak into the home resulting in additional damage; therefore, Weiss eventually agreed to replace the roof. During the roof replacement in the fall of 1998, more water damage occurred to the home during a storm because the roofers had not provided adequate coverage for the home. Despite the roof replacement, there were more water leaks.
On September 30, 1999, the Harpers filed a complaint against Weiss alleging 1) the Harpers had suffered damages as a result of Weiss' poor workmanship resulting in breach of contract; 2) Weiss had misrepresented the quality of the workmanship and materials used in constructing the additions, and thereby committed home improvement fraud; 3) as a result of the defects in the home, the Harpers' insurance provider refused to renew their homeowners policy; and 4) the poor workmanship and damage had resulted in loss of value to the home in excess of $200,000. A three-day bench trial commenced on December 4, 2001.
Several witnesses in the fields of structural engineering and home building and remodeling testified regarding the quality of the addition Weiss constructed. All experts agreed that both the original roof and the 1998 replacement roof on the Harpers' home were of poor quality. Even Weiss admitted the roof was poorly constructed.
Dave Adams, a sales representative and manager for Maxson Remodeling and Construction, testified regarding the repairs that should be made to correct the poor quality of the construction of the addition and the damages that resulted to the Harpers' home. In its report, Maxson Remodeling recommended the following repairs with an estimated total cost of
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