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Summary Judgment in Construction Defect Case.

February 13, 2015

Karl W. Labertew, of the Pensacola office, represented the homeowners’ association in a multiple party construction defect case involving a high-rise development condominium unit on Pensacola Beach. The Plaintiff claimed over $4,000,000 in damages and had refused to negotiate a settlement. Since the case’s inception, Karl strategically whittled away at Plaintiff’s claims with an eye towards seeking summary judgment. Karl was initially able to get some of the equitable counts dismissed via multiple motions to dismiss, leaving the remaining negligence and building code claims. Karl then moved for final summary judgment based on a statute of limitations defense, arguing the Plaintiff had actual knowledge of water intrusion into her unit more than 4 years before filing suit. The issue was highly contested, to the point where the Court entered a separate scheduling order just to deal with the summary judgment deadlines and allowed Plaintiff’s counsel to conduct additional depositions and discovery. After a three hour hearing, the trial court granted the motion for summary judgment based on the statute of limitations. The defense will next be seeking attorney’s fees under a proposal for settlement served early in the case.

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