Cases - Judgment Entered in Favor of General Contractor and Trial Avoided in High Profile Construction Case

Judgment Entered in Favor of General Contractor and Trial Avoided in High Profile Construction Case

Resolution Date
01/03/2013

Practice Areas
Construction Litigation
Construction Defect

Description

Mike Ethridge represented a nationally prominent developer and builder of apartment buildings in a case related to alleged construction defects brought by a class of homeowners after the apartments were converted to condominiums. The homeowners (along with the Convertor and the Property Owners Association) sued Mike’s client for construction defects allegedly totaling over $16,000,000.Mike filed a motion for summary judgment arguing that there is no duty that flows from a builder of commercial income generating apartments to a downstream condominium purchaser. The case (which was projected to take from 2 to 3 weeks to try) had been specially set for trial for a full year. It involved numerous parties and had spawned several ancillary declaratory judgment actions relating to coverage.Mike argued the motion for summary judgment a month before trial was set to begin. On the eve of trial, the judge granted the motion for summary judgment and dismissed all claims against their client. Depending on the appeal, this ruling could have far-reaching implications for cases involving actions against apartment builders when their apartments are later converted to condominiums.

Attorneys Involved
R. Michael Ethridge

CCS Office
Atlanta