After seven years of litigation and a ten-day trial in Flagstaff, Arizona, Bill Nebeker and Judy Downs, partners within the Phoenix office of KNCH, obtained a defense verdict for their General Contractor client against one of Phoenix’s largest law firms representing an apartment complex owner.
In 2004, Plaintiff purchased a 240-unit apartment complex in Coconino County and received an assignment of the original owner’s contractual rights as part of the purchase. In 2005, Plaintiff initiated a suit against the General Contractor asserting a cost to repair (in conjunction with a claim for future lost revenues during the repair process) of over $4 million. Allegations included inadequate flashing in eighteen breezeways, inadequate installation of vents, and a failure to put building paper under Masonite siding throughout the 240-unit apartment complex.
In less than one day, the jury returned a defense verdict finding that the General Contractor did not breach the express warranty within its contract and did not breach the implied warranty of workmanship. Plaintiff’s claims against Defendant General Contractor were deemed meritless and Plaintiff was subsequently denied any recovery.