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Contracts Keyed to Blum
Landis v. William Fannin Builders, Inc.
Citation:
193 Ohio App. 3d 318, 951 N.E.2d 1078 (2011)Facts
Landis hired Fannin to build their custom home. Landis wanted a particular type of stain for the siding of their home. Landis spoke with Fannin to ensure that they knew how to work with that type of stain beforehand. Fannin stained the siding and after the first coat it looked striped, like a patchwork, which was not how it was supposed to look. Fannin told Landis that a second coat of the stain would fix it. The second coat was delayed because of the weather. When it was finally applied, it did not fix the appearance of the siding. Fannin tried to fix the siding with a different stain, but it was the wrong color. Fannin thought the best solution would be to use a more solid stain that would hide the natural appearance of the wood siding. Landis did not like how that looked. The parties discussed potential solutions for the next 18 months, but could not come to an agreement. Fannin’s work fell below the industry standard. Plaintiffs then brought this claim and Fannin counterclaimed for payment owed for the home.
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