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The only element of common law fraud a homeowner must prove to prevail in a claim under the Unfair Trade Practice and Consumer Protection Law against their homebuilder is justifiable reliance.

The plaintiffs sued their homebuilder/contractor, alleging claims sounding in breach of contract, violation of the Unfair Trade Practices and Consumer Protection Law (UTPCPL), , 73 Pa.C.S. Case Law Alerts, 1st Quarter, January 2016

As a threshold matter, consequential damages that resulted from a subcontractor’s defective work constituted “property damage” and an “occurrence,” an insurer was not precluded from arguing against coverage based upon other exclusions within a policy.

Adria Towers served as general contractor during the construction performed at the Cypress Point Condominiums. Defective work performed by Adria Towers’ subcontractors resulted in both defective-work and consequential damages claims. Case Law Alerts, 1st Quarter, January 2016