News & Notes

SUMMARY JUDGMENT GRANTED IN CONSTRUCTION DEFECT CASE ON BEHALF OF LOCAL CONTRACTOR IN LEHIGH COUNTY

Jason Edwards obtained summary judgment resulting in a complete dismissal of all claims, including cross claims with prejudice against a local concrete contractor in Lehigh County following years of litigation.

The Plaintiffs commenced their lawsuit in Lehigh County in August of 2019 against the General Contractor and Architect they hired to construct a new home for them in mid-2012. Construction on the house was completed in early 2013. Plaintiffs alleged that they experienced numerous incidents and events of water intrusion since 2013.

Plaintiffs brought numerous claims against the General Contractor and Architect including breach of contract. The General Contractor joined 14 subcontractors into the lawsuit including Jason’s client, a concrete contractor. The General Contractor’s claims against Jason’s client were for breach of contract/warranty, negligence, and contribution/indemnification.

Jason litigated this matter over several years. Jason extensively investigated the claims of Plaintiffs and the General Contractor. Through his investigation, and with the assistance of a liability expert, Jason was able to establish that his client’s work did not cause any of the water intrusion issues alleged by the Plaintiffs in this case. The deposition testimony of the General Contractor, Plaintiffs, and the individual retained by the Plaintiffs to repair the defects assisted in establishing the defenses. The admissions of both Plaintiffs and the General Contractor during discovery also assisted in establishing the defenses.

Jason filed a Motion for Summary Judgment on behalf of the client and argued that the General Contractor failed to establish prima facie causes of actions of negligence, breach of contract/warranty, and contribution against his client.

Following oral argument, the Court agreed with Jason’s arguments and granted the Motion for Summary Judgment dismissing with prejudice all claims against the client.

Walsh Pancio, LLC Attorneys at Law

2326 N. Broad Street, Suite 200, Colmar, PA 18915  |  Phone: 215-368-8660  |  Fax: 215-368-7990

info@walshpancio.com