Defense Cracks Construction Defect Case
We successfully obtained summary judgment and final judgment in a construction defect matter. A condominium association brought multiple claims against a general contractor and developer. In turn, the contractor brought third-party claims against our client, the foundation subcontractor, for common law indemnity, contribution, contractual indemnity and breach of contract. The court ruled there was no special relationship between a subcontractor and a general contractor and, therefore, no common law indemnity. The court also ruled that the statutory claim for contribution was negated by the abolition of joint and several liability in Florida. Finally, the court found that the general contractor and condominium association could not demonstrate through experts the cause of foundation cracking and, therefore, could not establish damages.