Aspen resident wins judgment over wine-rack system |

Aspen resident wins judgment over wine-rack system

Staff report
The Aspen Times
Aspen, CO, Colorado

ASPEN – A District Court judge in January ruled in favor of an Aspen homeowner who sued a Denver wine-room builder after his wine bottles didn’t fit inside the new shelves.

The Denver judge found Savante Wine Cellars in breach of contract and in breach of implied warranty and fitness claims, awarding Aspenite Michael Solondz more than $11,000 in damages and court costs.

Savante Wine Cellars, owned and operated by Darryl Hogeback, is a custom wine-room builder that builds wine rooms in high-end custom homes.

Solondz, who lives on Stewart Drive, had contracted with Savante to have a custom wine-racking system installed in a wine room in his new Aspen home. Shortly after the completion of the wine room, Solondz realized that many of the bottles in his wine collection did not fit into the shelves Savante built.

Solondz asked Savante to correct the problem but was surprised to learn that Savante demanded payment of additional money to correct the defects, prompting Solondz to file suit.

In a 20-page written decision, the court found that the work Savante completed was done in keeping with a design that Savante modified without approval from Solondz. The court concluded that there was not substantial compliance with the contract, constituting a material breach of the contract.

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