Gray•Duffy, LLP Secures Dismissal of Painting Subcontractor Client in Water Intrusion Case

July 2014

Overview

Gray•Duffy’s client, a painting subcontractor, was brought into the matter by way of a cross complaint filed by another subcontractor. The cross complainant settled with the defendant developer and agreed to a settlement of its cross complaint against the client for a mutual waiver of fees and costs.

Discussion

Bernard v. The Lee Group The construction defect lawsuit involved a single-family home constructed by the defendant, a developer. The plaintiff’s home was experiencing flooding and water intrusion at various windows and doors and rusting and moisture intrusion, especially at the first level which had wood flooring. Investigations were conducted and work was performed to solve the problems, but they were unsuccessful. As a result of geotechnical and structural engineering investigations, it was discovered that there were foundation, drainage, structural and superstructure defects and/or damage. Gray•Duffy’s client, a painting subcontractor, was hired to paint the exterior of the home. The cross-complainant, another painting subcontractor, had no working relationship with the client, but there was an overlap of work performed by the two subcontractors. It was demonstrated that the client’s work could not have been a cause of the water damage to the home. A global settlement was reached by all parties. Since it was demonstrated that t client’s work did not cause any water damage, a dismissal of our client for a mutual release and waiver of costs on the cross-complaint was obtained.

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.