Altered Doors and Nonexistent Company are Source of Legal Battle

The owners of a Maryland door and window company breached a contract calling for the doors of the company to be supplied for new home construction to be sized to fit rough openings are personally liable for the breach of contract because the corporation was not in existence, but dissolved, during the time when the subject contract was entered into and breached, according to an article in Lawyers Weekly.

In December 2002, the Virginia homeowners entered into a contract for the purchase of 15 Weather Shield Legacy doors that the company guaranteed would fit rough openings with the dimensions provided. Despite two modifications to the contract because the doors were first too tall and then too short, the company never, over a period of five months, provided the plaintiff owners with the doors to fit the openings. According to the article, the defendant's attempted exercise of an opportunity to cure the second delivery of defective doors was too late, since the homeowners did not agree to a third attempt to get the doors correct.

When the company went out of business in late June 2003, it further breached the modified contract because it could no longer stand behind the warranty for the seal between the door and the transom after it removed the three and one-half inch spread mull. Additionally, the doors supplied were nonconforming, defective and did not meet the terms of the contract, according to the article.

According the article, the homeowners are entitled to recover the full cost of cover and any consequential damages because of the breach, according to the article.


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