Cotney Newsletter

Summary Judgement Victory from CCL

Our Colorado attorneys, Danielle Maya and Dillon Fulcher, obtained a complete dismissal on summary judgment for one of our clients in a multi-million-dollar construction defect case. The owner complained of water intrusion allegedly caused by lack of proper ventilation between the interior and exterior of the structure. Although the owner’s expert opined that our client had applied spray foam insulation in an irregular manner and not to a precise depth, there was no sworn testimony as to this opinion. Here, the court took issue with the general contractor failing to counter our client’s motion with sworn expert testimony. The court agreed that expert testimony is required here because installation of spray foam insulation in a commercial construction project is beyond the common knowledge or experience of an ordinary person. The court determined that the general contractor failed to counter our client’s undisputed facts with sworn expert testimony with respect to the standard of care our client was required to use, whether our client violated that standard, and whether a violation caused damages. A complete dismissal on summary judgment is often more difficult to obtain than a favorable trial judgment because if there is any issue of material fact, the motion for summary will be denied. Additionally, in most jurisdictions, judges are not required to rule on the motion, they can just let the case go to trial. Currently, the owner is proceeding to trial against the general contractor and the architect on April 22, 2019.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.