Storey v. Weaver, 139 So. 3d 1079

Weaver’s Roofing contracted to restore Storey’s building roof for $12,500 on Aug 26, 2009.
Storey sued on Nov 15, 2010 for breach, alleging leaks from improper, non-workmanlike roof work.
Bench trial held Mar 28, 2013; Weaver testified to contract scope and one-year workmanship warranty.
Storey presented multiple tenants’ leak complaints and alibis showing incomplete roof replacement.
Trial court found nonperformance/defective performance; awarded $12,465.45 plus interest and costs; judgment entered Jul 1, 2013.
Weaver appealed, challenging deposition considerations and damages/credit determinations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of depositions admitted	Weaver waived objection; Coleman/Herman filed timely per court order.	Depositions not timely filed; record open only to May 31, 2013.	Court did not err; depositions properly considered.
Contract performance standard	Weaver failed to perform; leaks persist; workmanship not workmanlike.	Weaver performed as contracted; leaks due to other causes.	Weaver liable for nonperformance/defective performance.
Damages and credits	Damages equal to costs to cure/complete defective work plus interest and costs.	Credit for tattoo parlor roof work; offset by amounts paid for repairs.	Damages affirmed; no reversible abuse; offset considered.

Rosell v. ESCO, 549 So.2d 840 (La. 1989) (clear factual findings require manifest error standard of review)
Lewis v. La Adrienne, Inc., 17 So.3d 1007 (La.App.2d Cir. 2009) (contractor liable for damages for defective workmanship)
Cascio v. Carpet, 968 So.2d 844 (La.App.2d Cir. 2007) (defective workmanship damages; cost to repair)
Mount Mariah Baptist Church v. Pannell’s Associated Elec., Inc., 835 So.2d 880 (La.App.2d Cir. 2002) (substantial performance permits partial recovery; discretion on damages)
Hernandez v. Martinez, 781 So.2d 815 (La.App.5th Cir. 2001) (emphasizes appellate review of damages under abuse-of-discretion standard)