Giliberti and Peress Obtain $8M Dismissal of Construction Defect ComplaintDecember 14, 2017 | Frank J. Giliberti | Janine L. Peress |
Frank Giliberti and Janine Peress were successful in convincing a court to dismiss a plaintiff homeowners association’s complaint in a construction defect case, which included breach of contract and tort causes of actions. The plaintiff alleged over $8 million in remedial repair damages.
The homeowner’s association opposed the motion based on the premise that it was a third-party beneficiary to the contract between our client, a general contractor, and the developer. Frank and Janine successfully argued that there was no privity of contract with plaintiff, and the contract language with the developer contradicted the claim, ultimately leading to the Court’s dismissal of the breach of contract cause of action. The Court also dismissed the tort cause of action on the basis that a tort must be independent of a breach of contract cause of action, and no such evidence existed.