Cordell Public Schools Loses Breach Of Contract Lawsuit

Last week a Washita County jury ordered Cordell Public Schools to pay more than $31,700 to Nurnberg Roofing LLC in a breach of contract case dating back almost four years. The jury, on Jan. 8, 2020, ruled in favor of Nurnberg and awarded the contract amount of $31,700, plus Nurnberg’s legal fees in the dispute.

The case dates back to March 9, 2016, when Cordell Public Schools superintendent Brad Overton entered into a contract with Nurnberg to replace the south roof of the Cordell gymnasium. Under the terms of the contract, Nurnberg was to remove and haul away the old roof, down to the concrete deck, then install a new roof according to the “manufacturer’s specifications.”

According to the testimony of Nurnberg Roofing LLC’s owner, Lee Nurnberg, which was not in dispute, Overton gave Nurnberg the desired specifications for the roof before the two parties signed the contract. The specifications were for a Carlisle Syntec Systems flat roof, with 24 gauge perimeter flashings, copings, and gutters, and a 20-year warranty. Nurnberg’s attorney, in his opening remarks, said the specifications were provided by Overton without the assistance or input of a roofing consultant or architect because he was “pinching pennies.”

Nurnberg installed the roof according to Overton’s request. Following the installation, the roof was inspected by a representative from Carlisle Syntec, who signed off on the installation and issued the warranty.

Shortly after the installation, Overton contacted Nurnberg to report the presence of water ponding on the roof. Ponding occurs when the slope of a roof isn’t sufficient to drain excess water. Nurnberg met with Overton on the roof and noted the ponding. He offered, at his own expense, to install roof drains in accordance with Carlisle specifications. Nurnberg said Overton initally accepted the offer, but then called back the next day and retracted that acceptance.

Cordell Public Schools then refused to make payment on the contract, and Nurnberg filed suit. In the petition, Nurnberg claimed to have “completed the roofing repairs in according with the contract between the parties pursuant to the specifications provided by Cordell Public Schools” and was therefore owed the sum of $31,700.

In their response to the suit, Cordell Public Schools denied Nurnberg’s argument that the repairs were completed according to the terms of the contract. The school district also filed a counterclaim asking for Nurnberg to pay for additional work required “to have proper slope for drainage fixed on the roof in an amount equal to or in excess of the contract amount.”

During testimony, Nurnberg presented documents which showed the building owner or specifier held responsibility for issues of roof slope and drainage. As the representative of the school district, that responsibility fell to Overton, who provided Nurnberg with the desired product and specifications, all of which were spelled out in the contract.

In the end, the jury sided with Nurnberg, and awarded the original amount of the contract, $31,700. The jury also awarded Nurnberg with attorney’s fees, which have yet to be fully accounted. In response to a public records request, Overton provided records showing the district paid $42,118.60 in legal fees to its own attorneys, $38,606.95 to the firm of Hayes, Margini & Gatewood of Oklahoma City and $5,512.65 to Wesner, Wesner & Rainbolt of Cordell. Overton did not respond to a request for comment following delivery of the verdict.