Anne Horne sued Nulite Industries Company, LLC, claiming that the company’s negligent installation of vinyl siding and windows on her mobile home caused extensive water damage that rendered her home uninhabitable. Alleging breach of contract, negligent installation, breach of warranty, and bad faith in the transaction, she sought damages, attorney fees, and litigation expenses. The trial court denied Nulite’s motion for summary judgment on the issues of breach of contract, breach of warranty, and attorney fees. At trial, Horne successfully moved for a directed verdict on the breach of contract, negligent installation, and breach of warranty claims. The jury awarded her $26,000 in general damages and $9,303 in attorney fees. Nulite appeals, contending that it did not breach its contract because the siding and windows were installed properly. It contends that it cannot be liable for any alleged negligent installation because the installer was an independent contractor. It further contends that the breach of warranty claim was time-barred and the existence of bona fide controversies precluded the award of attorney fees. We disagree with Nulite’s contentions and affirm.
The record shows that in January 1996, Horne and her husband contracted with Nulite for it to install vinyl siding and replace eleven aluminum windows with vinyl ones on their mobile home for $7,150. The contract included Nulite’s “non-limited one year” warranty for all workmanship. The work was completed in February 1996. During the next 21 months, the Hornes lived there without noticing any problems from the installation. In November 1997, the Hornes separated and Horne moved out of the home. In October 1998, after they divorced, she moved back into the home and discovered problems caused by water leaking into her home around the windows, including water stains on the walls, rotten wood, mildewed carpet, and holes in the floor. She immediately notified Nulite. In March 1999, because she believed that Nulite had not adequately responded, she sued the company. Her husband is not a party to this action.
