Pack v. Case
In Pack v. Case, 2001 UT App 232, 30 P.3d 436, 439 (Utah Ct. App. 2001), a dispute arose over the re-shingling of a roof.
After the work was done, the owner withheld $675 of the $8,775 billed. Id. The parties went to trial, and the owner prevailed. Id. at 439-40.
On appeal, the roofer claimed that withholding $675 was a prior material breach that excused enforcement of the warranty provision of the contract. See id. at 440.
The Utah Court of Appeals upheld the trial court's determination that withholding 7.7% of the contract price did not constitute a prior material breach. Id. at 441-42.
Nowhere in Pack does the court hold that, as a matter of law, withholding 7.7% of the contract price is immaterial.
Instead, the court of appeal reviewed the factual determinations of the trial court after a full trial and upheld that factual determination. See id.