Attorney Busher obtains summary judgment in construction defect litigation

2013-06-06 | Joseph M. Busher
jmbusher@jacksonokeefe.com

Category: Commercial Law

Joseph M. Busher

On June 3, 2013, Attorney Joseph M. Busher, Jr., obtained summary judgment in favor of Orlando Annulli and Sons, Inc., in a ruling from the complex litigation docket of the Connecticut Superior Court.  The claim for in excess of $ 9 million in property damage and economic losses arose out of a roof collapse causing the total destruction of a pre-engineered motocross building located 1001 Day Hill Road in Windsor, Connecticut on February 7, 2011.  The owner of the building alleged defects in the design and construction of the building.  Additional defendants included Varco Pruden, the designer and manufacturer of the pre-engineered building; Eastern Steel, an erection contractor; and, North American Metal Masters, another erection contractor.

Subsequent to the erection of the building, during 2005 litigation ensued between the owner, Orlando Annulli and Varco Pruden, concerning, among other things, nonpayment and alleged defects in the building.

The Court now grants summary judgment pursuant to a general release from the owner to Orlando Annulli and Sons during October of 2006.  The Court rejects the owner’s argument that the general release does not apply to the claim, holding that the claim for a design defect was an inchoate claim that had not yet manifested itself when the release was signed but was nonetheless barred.

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