A jury awarded Kate’s Homemade Butter owners Dan and Karen Patry more than $1 million in damages Tuesday in their lawsuit against Branch River Plastics, which they had accused of installing faulty roof panels on the new Kate’s facility in Arundel, according to a news release from the Patrys’ attorney.

The award covers replacement costs incurred by the Patrys following the purchase and installation of roof panels on the new factory in Arundel, the release said. Before the construction was completed, the Patrys said they discovered the panels that were installed on the roof were not what they had been promised and were defective.

The business, which produces more than 1 million pounds of butter a year, according to a 2013 Portland Press Herald interview with Dan Patry, needed to move out of its home-based location in an Old Orchard Beach neighborhood where it had operated since 1981. Because of the public pressure to move their business quickly, the Patrys decided to remove and replace the roof panel system in order to ensure the long-term operation and overall safety of their new facility in Arundel, according to the release.

Operations were moved to the new facility in February 2014 after the Patrys incurred “significant additional costs to remedy the problems they had discovered,” the release said.

The lawsuit, filed in December 2012, laid out in detail how the Patrys were sold panels manufactured by Branch River Plastics, based in Smithfield, Rhode Island, marketed to them as R-Control Structural Insulated Panels, “which meet or exceed all building code regulations and are manufactured to the highest standards.”

“The manufacturer instead provided a generic brand of panel that was installed in the new facility,” it said. “Later it was discovered that the panels were not R-Control SIPs, which meant, among other things, that they did not comply with the applicable building code and were defectively manufactured. If left unaddressed it would have resulted in damage to the facility and endangered workers in the building.”

Tim Bryant, an attorney for Preti Flaherty in Portland who represented the Patrys and their company, Arundel Valley LLC, in the York County Superior Court trial, said in the release that his clients were satisfied with the verdict.

“We believe this is a fair and just outcome,” Bryant said. “The Patrys were not provided what they were promised and what they were provided was defective.”

A call seeking comment from Branch River Plastics was not immediately returned.


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