Frontier Land Companies v. Jeld-Wen CA3

Background Plaintiff builds and sells homes in the Central Valley. Defendant manufactures, sells, and installs windows and sliding glass doors. In January 1999 plaintiff and defendant entered into a written Subcontract Agreement for defendant to provide and install windows and sliding glass doors for the initial phase of plaintiff’s LeBaron Estates subdivision in Stockton. In March 1999 plaintiff and defendant signed a second contract for an additional phase of the LeBaron Estates subdivision. The parties refer to the two LeBaron contracts as one contract. In January 2000 plaintiff and defendant signed a third contract for defendant to provide and install windows and screens for the Villa Ticino subdivision in Manteca. In November 2000 plaintiff and defendant entered a fourth

2 A count alleging breach of implied warranty of fitness was dismissed during trial.

2 contract for defendant to supply and install windows, patio doors, and screens at the Terra Bella subdivision in Modesto. Plaintiff also purchased windows and doors from defendant for four other subdivisions (Harvest Creek, Orchard Park, Tessie Estates, and Westbrook), but without written contracts. Express Guaranty…