Another Successful Defense

Congratulations to Mr. McMurtrie who successfully defended a subcontractor against the claims of a national homebuilder in a six-day arbitration. The homebuilder sought to recover mold remediation costs already spent as well as indemnity for additional remediation damages claimed by the homeowners. The case was made more complicated by the fact that the subcontractor being defended was deceased and there were no living witnesses to testify regarding the subcontractor’s work. The arbitrator held that the damages sought by both the homebuilder and homeowner were caused by design, rather than construction defects.