Real Estate Purchaser v. General Contractor
Hardiman & Carroll recently achieved a quick victory on behalf of its general contractor client on a motion for summary judgment. The general contractor was sued by the subsequent owner of a home which had been built for the original owner. The plaintiff purchased the high-end custom home with the knowledge that the residence had previously experienced minor roof and window leaks. Those leaks had occurred during construction and shortly after completion and were promptly repaired by the general contractor. The original owners thereafter sold the home at less than market value and disclosed the repairs to the purchaser plaintiff.
Unfortunately, the purchasing plaintiff later experienced further leaking and filed suit against the general contractor, architect and roofer. Kelly Lynch undertook the defense of the general contractor and immediately began substantive investigation and discovery. Kelly’s strategy was to relieve the general contractor of the burden of the suit quickly, and to expend as little of the general contractor’s funds as possible. Based on Kelly’s pointed discovery and well-reasoned arguments, the general contractor prevailed on a motion for summary judgment, which knocked out the negligence and fraud causes of action against it. Kelly successfully argued that the negligence cause of action had accrued to the prior owners of the property and had not been assigned to the purchaser plaintiff in the course of the sale of the home. Thus, the general contractor was able to save what would have been tens of thousands of dollars in defense fees.