O.W. Grun Roofing and Construction Co. v. Cope
Court of Civil Appeals of Texas
529 S.W.2d 258 (1975)
O.W. Grun Roofing (defendant) contracted with Cope (plaintiff) to install a $648 roof using "russet glow" shingles described as a brown varied color, but after installation Cope noticed yellow streaks in some shingles; Grun Roofing's replacement shingles failed to match the original color, leaving the roof visibly non-uniform, a defect that could only be fixed by replacing the entire roof, even though the roof otherwise provided adequate weather protection. After waiting nine or ten months hoping the mismatch would fade, Cope refused to pay the $648, Grun Roofing filed a mechanic's lien, and Cope sued for damages and to remove the lien, while Grun Roofing cross-claimed for the contract price; the trial court awarded Cope $122.60, set aside the lien, and denied Grun Roofing's cross-claim, prompting Grun Roofing's appeal.
Whether a roofing contractor substantially performed a contract calling for a uniform-color roof when the finished product was visibly non-uniform in color and could only be corrected through complete replacement.