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Bradley Fisher and Joseph Barnett Win Summary Judgment
The District Court in Scott
County recently granted Summary Judgment in favor of our client, a construction
company. The Plaintiff alleged that the construction company, a corporation
formerly owned by the Plaintiff, constructed his home with various defects and
sued to recover damages under the legal theories of breach of contract,
negligence, and breach of statutory warranties. However, the Judge agreed with
our arguments and concluded that the construction company was not the general
contractor for the project when the Plaintiff was the only person responsible
for selecting and supervising subcontractors, designing the home, and where
there was no reliable evidence of a contract between the Plaintiff and the
construction company. The Court dismissed all claims against the construction
company.
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