Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)

Citation: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Parent Document: Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Jurisdiction: Montana (state)
Effective Date: 1988-01-21
Original Source: https://www.courtlistener.com/opinion/8069276/samuelson-v-aa-quality-construc... ↗

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The Samuelsons had just paid $155,000 for their home. The affected areas in their basement included a guest bedroom, a storage area, and a recreation room. To find that their home was not damaged sufficiently to warrant our following the case of Chandler, shocks my credibility. As noted in the facts of this opinion, it cost $11,158.90 to properly remedy the problems and make the home livable. To hold that having as much as six inches of water in the basement in a new home does not violate the warranty of habitability is, in my view, a mistake. Had the basement not been repaired at a cost of over $11,000 by another contractor, about all that it could have been used for would have been a fishery during the periods that it leaked. Surely, a homeowner is entitled to more than that.

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