Construction Law
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Case Details
Homeowner sought damages against the general contractor for defective construction. The GC filed 3rd party claims against 5 subcontractors that, along with the GC, were out of business. A declaratory judgment action was pending on behalf of two insurance carriers.
Additional Notes
Unusual issues: The homeowner had moved, ostensibly because of the mold risk. His first home was in foreclosure, and had a second mortgage with a separate lender. The first mortgage on the second home was held by the second mortgagee on the first home. The mortgage on the first home had been sold to Fannie Mae, which had been “taken over” by the government. The construction defect defendants were unable to settle unless and until a first mediation took place with the various mortgage holders and a third-party buyer for the first home.
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