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Summary Judgment Granted Under New Standard in Construction Defect Case

Jeremy Chevres, of our Miami office, obtained summary judgment in a construction defect case that involved a $3 million three-story custom home in Doral equipped with an elevator and a full kitchen inside the master bedroom, among other things! The biggest issue with the home was water intrusion throughout the home from the roof-top terrace; however, the roofer was an “empty pocket,” and the roofer’s carrier denied coverage because his policy had a residential-roofing exclusion. With an uncollectable, defunct roofing company, the homeowners turned their sights on our client, the plumber. The homeowners argued that all of the water intrusion resulted from plumbing leaks. Jeremy attacked the homeowner’s/the developer’s experts with Daubert motions, and filed motions for summary judgment on causation, common law indemnity, contractual indemnity, violation of Fla. Stat. 558.34, and breach of contract. Following an all-day hearing, Jeremy won all six of his motions, successfully opposed all four of Plaintiffs’ and the developer’s motions, and got the client completely out of the case! Better still, we served a proposal for settlement early on in the case, which should allow for recovery of about $40,000 in fees.

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