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The Stich Angell Construction Defect Group Achieves Summary Judgment Dismissal of Claims Against a Municipal Contractor

Timothy Murphy, Cara Passaro, and Bailey Stubbe were defending a Contractor hired by a City to perform the Earthwork for the public streets in a residential development project. The Developer/Plaintiff brought claims against the City and the Contractor, claiming that the Earthwork was defective and alleging damages in excess of $6 million.  However, the City’s Project Engineer had signed-off on the Contractor’s work and the City accepted it.

The Court determined that the Contractor did not owe a duty to the Developer to perform work in a good and workmanlike manner, and where the Developer was not a party to or a third-party beneficiary of the City’s contract with the Contractor, that there was no legally recognized relationship between the Contractor and the Developer sufficient to create a duty, forcing the dismissal of the Developer’s claims.  The Plaintiff/Developer opted not to appeal the Court’s ruling.


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