Case:
BRE Point Parcel LLC v. Pavarini Construction Co. v. MC Velar Construction Corp. v. Command Rebar, Inc.
Practice Area:
Attorney(s):
Result:
Final Summary Judgment
Summary:
On September 8, 2023, Boca Raton Senior Partner, Hayley Newman, presented oral argument on Defendant’s Motion for Summary Judgment in a case involving construction and design defects at a condominium in Palm Beach County. Boca Raton’s Co-Managing Partner, Christopher Burrows, authored the Motion for Summary Judgment with assistance from Associate, Aaron Carrio. The proposed order was drafted by Christopher Burrows, with assistance from Associate, Dylan Levenson. The Plaintiff initiated this lawsuit against the general contractor, alleging construction defects and deficiencies in the work performed on the project. The general contractor filed a Third Party Complaint against its subcontractors, including the concrete subcontractor, who in turn filed a Fourth Party Complaint against its sub-subcontractor, our client the Post-Tension Cable sub-subcontractor. The Fourth Party Complaint included causes of action for contractual indemnity/breach of contract, common law indemnity, and negligence, alleging breach of its indemnification obligation in the sub-subcontract. We devised a plan to settle directly with the Plaintiff in exchange for a scope of work release for our client, the general contractor, and the Fourth Party Plaintiff. This enabled us to file a Motion for Summary Judgment as to the Fourth Party Complaint. We successfully argued that the Fourth Party Plaintiff’s claims were pass through claims based on, and limited in scope, to the claims made by Plaintiff, which we eliminated. Ultimately, the trial court granted Final Summary Judgment in favor of our client. Read More
