GARY SPIVEY, OWNER OF AMERICA'S CHOICE ROOFING AND AMCHOICE, LLC DBA AMERICA'S CHOICE ROOFING, Appellants
JOANN GOODWIN, Appellee
the County Court Robertson County, Texas Trial Court No.
Chief Justice Gray, Justice Davis, and Justice Scoggins
issues, appellants, Gary Spivey, owner of America's
Choice Roofing, and AmChoice, LLC, challenge the trial
court's judgment. Specifically, appellants contend that
the trial court erred by: (1) failing to award judgment for
appellants under a written contract with appellee, Jo Ann
Goodwin; (2) granting relief on a theory of breach of implied
warranty that was not pleaded or supported; (3) failing to
award interest at the rate established in the contract; and
(4) denying any award of attorney's fees. Because we
conclude that the trial court erred, we modify the judgment
to reflect a $2, 900 damage award in favor of appellants and
to include awards of attorney's fees and interest
provided by the underlying contract. We affirm as
dispute arises out of a written contract for the replacement
of a residential roof. On March 17, 2015, Goodwin entered
into a contractual agreement with appellants for the
installation of a roof on a property owned by Goodwin in
Calvert, Texas. Pursuant to the agreement, Goodwin would pay
$33, 236.03 in exchange for appellants installing a new roof,
decking, drip edges, valleys, ventilation, insulation,
shingles and related materials, and labor, including the
removal and installation of such roof materials. The charges
under the contract were to be paid in two installments-$16,
168.01 on the delivery of the materials and $16, 168.02 on
the final walk-through. Furthermore, at no additional cost,
appellants agreed to install 150 feet of gutters on the home.
on May 1, 2015, Goodwin and appellant entered into a written
change order that modified the work to be completed under the
contract. For an additional $900 from Goodwin, appellants
agreed "to include remaining 35 Linear Feet of gutters
for flat portion of roof above and beyond original contract,
dated March 17, 2015."
record reflects that Goodwin made two payments under the
contract. She paid the first installment of $16, 168.01 on
April 28, 2015. However, as work commenced on the roof,
Goodwin became dissatisfied. As noted at trial, Spivey met
with Goodwin because she was upset about the job. When
conducting a walk-through of the work, Goodwin identified a
number of changes she wanted, including rebuilding two
finials that she alleged had been damaged during the work.
Appellants repaired the finials. Goodwin also requested
patching of a flat section of the roof, although that section
of the roof was not within the scope of the original
contract. Spivey testified that he tried to make Goodwin
happy by putting "a coating over the flat roof."
Further, Goodwin requested that appellants paint the chimney
flashing because "something about the paint didn't
look right." Appellants repainted all of the chimneys.
conclusion of her meeting with Spivey, Goodwin provided a
second check in the amount of $14, 168.02. In the memo
portion of the check, Goodwin handwrote "balance due $2,
900." Goodwin withheld the remaining balance of $2, 900
because she did not believe that the work was completed. In
any event, in June 2015, appellant sent a final invoice to
Goodwin requesting the remaining $2, 900. Goodwin argued that
the work was not complete and refused to pay, thus prompting
a second invoice from appellants for the $2, 900. Goodwin
once again complained about the work on the flat section of
the roof, refused to pay the remaining balance, and
November 10, 2015, Goodwin filed suit in justice court in
Robertson County against "Gary Spivey, Owner of
America's Choice Roofing, " asserting damages in the
amount of $2, 900 because "3 flat roofs are . . .
leaking" and some of her gutters are rusted. Spivey
filed an answer denying Goodwin's allegations.
Thereafter, AmChoice intervened asserting counterclaims of
breach of contract and quantum meruit against Goodwin.
AmChoice also pled for the recovery of attorney's fees,
as well as pre- and post-judgment interest.
bench trial, the justice court rendered two separate
judgments-a take-nothing judgment on Goodwin's claims
against Spivey and a judgment against Goodwin on the
breach-of-contract counterclaim. Appellants were awarded $3,
841 in damages, which was comprised of $2, 000 in damages
under the contract, $1, 800 in attorney's fees, and $41
in court costs. Goodwin appealed the justice court's
judgment to the County Court. Appellants refiled their
pleadings in the County Court.
January 28, 2016, this matter was tried in the Robertson
County Court. Goodwin represented herself, and the record
reflects that she did not call any witnesses, though she did
submit numerous documents to support her contentions. Goodwin
contended that the work on the flat-roof sections was part of
the original contract and that she had to pay Lopez
Construction $1, 300 to correct the work of appellants on the
flat-roof sections. Spivey, as well as AmChoice employee
Chuck Allen, testified at trial. At the conclusion of the
trial, the trial court awarded appellants $1, 600 in damages,
which constituted a $1, 300 reduction of the $2, 900 Goodwin
allegedly owed under the contract. This reduction
corresponded with the amount Goodwin paid to Lopez
Construction. The trial court also declined to award costs,
interest, or attorney's fees to either party. At the
request of appellants, the trial court entered findings of
fact and conclusions of law. Subsequently, appellants filed
their joint notice of appeal.
their first and second issues, appellants contend that the
trial court erred by failing to award judgment for appellants
under the written contract and by granting relief to Goodwin
on a theory of breach of ...