Gray•Duffy, LLP successfully negotiates dismissal of subcontractor from construction defect claim involving high end single family home

April 2017

Overview

Barry D. Brown of Gray•Duffy’s Redwood City office represented Custom Door Specialists and obtained a dismissal of the client in exchange for a waiver of costs.

Discussion

Swanson vs. Sterling Iron Works

Custom Door Specialists supplied and installed the garage door at an upscale single family home. During the construction defect lawsuit, and after investigation and inspections at the home, plaintiffs were not able to establish any defective conditions relating to Custom Door Specialists scope of work.

Plaintiffs agreed to dismiss Custom Door Specialists without prejudice, in exchange for a waiver of costs. A Tolling Agreement was signed allowing plaintiffs to bring Custom Door Specialists back into the case in the unlikely event that further discovery and investigation establish a connection between a defective condition and Custom Door Specialists’ scope of work.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.