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Jan. 14, 2013 /PRNewswire/ -- A
Denver District court judge found Savante Wine Cellars in breach of contract and in breach of implied warranty and fitness claims in a case involving a homeowner who brought suit last year against the company. Savante Wine Cellars, owned and operated by Darryl Hogeback, is a custom wine room builder in
Colorado constructing wine rooms in high-end custom homes.
Mike Solondz had contracted with Savante to have a custom wine racking system installed in a wine room in his new
Aspen custom home. Shortly after the wine room was completed, Solondz realized that many of the bottles in his wine collection did not fit into the shelves constructed by Savante. Solondz asked Savante to correct the defective work, but was surprised to learn that Savante demanded to be paid additional monies to correct the defects, prompting Solondz to file suit.
In a written 20-page decision, the court found that the work completed by Savante was done so in accordance with a design that was modified by Savante without approval from Solondz. The court therefore concluded that there was not substantial compliance with the contract, constituting a material breach of the contract. The court also found that "the wine racking system provided was ultimately not fit for the particular purpose contacted for," and concluded that Savante also breached the implied warranty of fitness, awarding Solondz damages in the amount
$11,270 plus costs and interests.