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Patrick Norris and Clinton Magill Secure Voluntary Majority Dismissal with Prejudice of Cross-Claims Asserted Against Framing Subcontractor Client

January 25, 2018

Patrick Norris and Clinton Magill recently secured a voluntary majority dismissal of cross-claims asserted against their framing subcontractor client in Beaufort County, South Carolina.  In this construction defect case, a homeowner sued various contractors, including the two general contractors for the project.  In response, the general contractors brought five cross-claims against Patrick and Clinton’s framing subcontractor client for indemnity, negligence, breach of contract, breach of express warranties, and breach of the implied warranty of workmanlike service.  The general contractors sought actual, consequential, and punitive damages.

In November 2017, Patrick and Clinton filed a motion to dismiss the general contractors’ cross-claims in the Beaufort County Circuit Court, arguing (1) the cross-claims were nothing more than disguised claims for equitable indemnity; (2) the cross-claims were barred by the statute of repose; and (3) the cross-claims were barred by the statute of limitations.  In January 2018, with a hearing on the dispositive motion looming, Patrick and Clinton forced a deal with the general contractors wherein in exchange for withdrawal of the motion, the general contractors agreed to voluntarily dismiss, with prejudice, their cross-claims for negligence, breach of contract, breach of express warranties, and breach of the implied warranty of workmanlike service.  Thus, as a result of their motion and creative legal arguments, Patrick and Clinton secured a majority dismissal of the cross-claims without having to go forward with the hearing.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.