Christopher Utrera, of the Miami office, won a partial summary judgment in a construction defect case on behalf of a Miami general contractor. The Plaintiff, a homeowner, sued the general contractor who constructed her residential home. The Plaintiff’s claims primarily focused on her issues with the HVAC system. There were undisputed problems with the HVAC system, however, Christopher took the position that per the terms of the contract, the general contractor was not liable to the Plaintiff for any product defects with the HVAC system and would only be liable for installation defects. Christopher argued that while the Plaintiff alleged both product and installation defects existed, there was no record evidence of installation defects.

The Court agreed with this interpretation of the contract and that there was no record evidence of installation defects. Therefore, Partial Summary Judgment was granted.