Gray•Duffy obtains dismissal of client in construction defect lawsuit.

December 2018

Overview

Service Roofing Company, Inc. v. Sterling-Moss Builders, Inc.

Michael Eisenbaum of Gray•Duffy’s Encino, CA office successfully defended a general contractor’s cross-complaint asserting construction defects as to the roofing work performed by the client.

Discussion

This lawsuit was initiated by Gray•Duffy’s client to obtain unpaid fees owed by the general contractor, Sterling-Moss Builders, Inc. Sterling-Moss then cross-complained claiming the work was defective, and that some of the work was not authorized. Despite not receiving regular payments, the client continued to work on the project to ensure that the tenants and homeowners would have roofs during the upcoming rains. The general contractor was eventually terminated by the Homeowner’s Association, who then retained the client directly. The Association had no complaints about the quality of the client’s work. After the matter was litigated for several months, a Mandatory Settlement took place. The case resolved with the client being paid by Sterling-Moss. No payment was made on behalf of the client on the cross-complaint, which was dismissed as part of the settlement.

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.