Burgess Holmes Secures Summary Judgment Victory in Complex Construction Defect Case
Birmingham, AL – Burgess Holmes is pleased to announce a significant victory for our client, a precast concrete foundation manufacturer, in a construction defect lawsuit pending in Marshall County Circuit Court. The firm successfully obtained summary judgment on all claims asserted by both a homebuilder and subsequent homeowner.
The case arose from alleged water intrusion and foundation wall movement in a Guntersville residence. The plaintiffs sought damages exceeding $680,000, including remediation costs, carrying costs, and diminution in property value. The homeowner had listed the property for $1.299 million but claimed the foundation issues prevented its sale.
Attorney Scott A. Holmes developed a multi-pronged defense strategy that proved decisive. Through strategic depositions, the defense team obtained critical admissions from the builder, including that he had never received or requested the manufacturer’s installation guidelines despite architectural drawings repeatedly referencing these documents. Most significantly, the builder admitted under oath that he suffered no monetary damages from the alleged defects.
The court agreed with our arguments that Alabama law requires actual damages as an essential element of any civil claim, and that subsequent purchasers cannot maintain construction defect claims against contractors with whom they lack privity. The defense also successfully invoked Alabama’s caveat emptor doctrine, which bars claims by subsequent purchasers against original contractors.
This outcome saved the client from significant potential exposure and the costs associated with a jury trial scheduled for the following month. The plaintiffs’ time to appeal has expired without any filing, making this victory final.
