Advertising Disclosure Email Disclosure

Summary Judgment for Plumbing Contractor in Construction Defect Case.

We obtained dismissal of the plaintiff’s complaint and all cross claims against our client, a commercial plumbing contractor, on a motion for summary judgment in a construction defect case. ​The case involved claims by a homeowners association for property damage and replacement costs allegedly in excess of $6 million as a result of construction defects in the design and installation of plumbing, water collection, drainage, grading, and other water runoff and drainage systems. In addition to our client, the named defendants were the project architects, the general contractor, various plumbing, electric, concrete and grading trades, and the water and electric utilities, all of whom asserted cross claims. We were granted summary judgment on grounds that the plaintiff’s breach of contract claim failed due to lack of privity and proof that the plaintiff was not a third-party beneficiary of our subcontract. All claims and cross claims for negligent installation/breach of warranty were dismissed upon proof that our client’s work was performed in accord with project specs and in accord with the applicable building code, and that none of its work contributed to any drainage issues or resulting property damage.

Practice Group Contact


Related Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."