A long-running legal dispute over a leaky roof at a downtown Cortez commercial building has ended in a loss for the property owner.
The Colorado Court of Appeals affirmed a ruling by District Court Judge Todd Plewe that Mountain West Roofing was not responsible for replacing a damaged roof that deteriorated over several years.
The building at 610 E. Main St. was once home to Front Row Seat, a now-closed video rental store. The property is owned by Jerry Stansbury through his limited-liability company, Cortez Main LLC.
The lawsuit centered on whether Mountain West Roofing and its owner, Verlin Kropf, were obligated to fully replace the roof. The outcome hinged on whether the roof’s problems fell within the scope of a 15-year warranty with limited coverage.
Mountain West installed a Conklin Flexion rubber roof system in 2009. The building spans 47,000 square feet, sits on about 1.1 acres and is divided into four units, according to Montezuma County property records.
A two-day bench trial was held in Montezuma Combined Courts, where Plewe heard testimony from both owners, roofing experts and the property’s longtime manager.
Stansbury’s attorneys argued Mountain West breached its contract. The roofing company countered that the problems were caused by factors excluded from the warranty, including weather damage, poor maintenance, drainage issues and unauthorized repairs by other roofers.
Mountain West argued the warranty covered only ordinary wear and tear or improper installation.
In its decision, the appeals court cited testimony from the property manager, who said she observed standing pools of water on the roof. The court also pointed to testimony from an independent roofer who said the leaks appeared to stem from drainage problems.
The panel highlighted additional testimony from a competing roofing contractor who said his inspection showed the roof was installed correctly but not properly maintained. He cited debris scattered across the roof and clogged drains.
At trial, Kropf testified his company made about a dozen repairs between 2010 and 2023. He said the work was done at no charge because he was concerned about potential litigation, not because he believed the issues were covered by the warranty.
Stansbury argued Mountain West waived its right to deny warranty coverage by continuing to repair the roof for more than a decade. Plewe rejected that claim.
In court documents, the appellate panel said Plewe found Kropf and other defense witnesses credible and declined to disturb those findings. The court also rejected the argument that Mountain West waived its warranty protections.
The three-judge panel consisted of Judges Ted Tow, Lino S. Lipinsky de Orlov and Craig R. Welling. Tow wrote the opinion, with Welling and Lipinsky concurring.
awatson@the-journal.com
