Margaret Fonshell Ward, partner at Downs Ward Bender Herzog & Kintigh, P.A., received a defense verdict in a bench trial spread over two months against a custom home builder.
The plaintiff alleged that when he endeavored to build a third story onto his home 21 years after the original construction, he found that the home did not have footings that were called for in the plans and specifications. Though the builder and county inspectors asserted the footings were there, plaintiff nevertheless had his contractor deconstruct much of the first floor of the house to add five new footings beneath the slab, suing the builder for the cost. After having been unsuccessful on both a motion to dismiss and a motion for summary judgment based on the statute of repose, the court entered judgment in favor of the builder, finding the claim was indeed barred by the statute of repose.