A years-long legal battle between a commercial property owner and a roofing contractor has reached a decisive conclusion, with the Colorado Court of Appeals ruling in favor of the contractor.
The case, brought by Jerry Stansbury through his limited-liability company Cortez Main LLC, centered on alleged roofing failures at a commercial building in Cortez, Colorado. The defendants included Mountain West Roofing LLC and its owner, Verlin Kropf.
The conflict dates back to 2009, when Mountain West Roofing installed a commercial roofing system on a roughly 47,000-square-foot building owned by Stansbury’s company. The project included a 15-year limited warranty covering leaks caused by ordinary wear and tear or improper installation.
Over the following decade, the property experienced recurring leaks. Stansbury and Cortez Main LLC argued that the roofing system had failed and that Mountain West Roofing was contractually obligated to replace the roof under the warranty.
In 2023, after consulting another contractor who recommended a full replacement, Stansbury’s company filed suit, alleging breach of contract and warranty.
At trial in Montezuma County, the court heard testimony from multiple roofing professionals, the property manager, and both parties.
Mountain West Roofing maintained that the roof issues were not caused by defective installation but by factors excluded under the warranty. These included:
- Standing water due to drainage problems
- Lack of proper maintenance
- Debris accumulation and clogged drains
- Repairs or modifications performed by third parties
The trial court ultimately sided with the contractor, finding that the roof had been installed correctly and that the issues fell outside the warranty’s scope.
The court also rejected Stansbury’s argument that Mountain West had waived its warranty protections by performing repairs over the years, noting those repairs were done voluntarily and not as an admission of liability.
On April 2, 2026, the Colorado Court of Appeals affirmed the lower court’s ruling, delivering a final blow to Stansbury’s claims.
In its opinion, the appellate panel concluded that:
- The trial court properly evaluated witness credibility
- Evidence supported the finding that installation was not defective
- The warranty exclusions, particularly for drainage issues and pooled water, applied
- Mountain West Roofing did not waive its warranty defenses by performing repairs
The court emphasized that it would not overturn the trial court’s credibility determinations, which favored the contractor’s witnesses.
With the appellate court’s affirmation, the case effectively closes a multi-year dispute, leaving Mountain West Roofing free of liability for the roof replacement sought by Stansbury and Cortez Main LLC.
