Plaintiffs purchased a student apartment complex built and owned by defendants but subsequently discovered purported design and construction defects that resulted in millions of dollars in repairs and lost rent. Defendants sought to compel plaintiffs to arbitrate their breach of ...

Tagged with: Breach of Warranty

A broker for commercial manufacturing equipment is seeking appellate review of a recent jury verdict that awarded more than $300,000 to a customer who alleged it was sold a faulty product. Eclipse Packaging Inc., doing business as FlexSol, alleged Stewarts ...

Tagged with: Breach of Warranty

Wilson v. Conleys Creek Ltd. Partnership (Lawyers Weekly No. 15-16-0133, 15 pp.) (Sanford Steelman Jr., J.) Appealed from Jackson County Superior Court (Edwin Wilson Jr., J.) N.C. App. Unpub. Holding: Where the plaintiff-homeowners’ expert testified that repairs would require substantial ...

Tagged with: Breach of Warranty

Harris v. A-1 Builders of NC, Inc. (Lawyers Weekly No. 14-16-0219, 12 pp.) (Rick Elmore, J.) Appealed from Randolph County Superior Court (L. Todd Burke, J.) N.C. App. Unpub. Holding: In the aftermath of the construction of their home, plaintiffs’ ...

Tagged with: Breach of Contract Breach of Warranty

Wake County Board of Education v. Dow Roofing Systems, LLC G.S. § 22B-2 does not apply to a warranty given after the warranted products were attached to real property in North Carolina. Even if § 22B-2 did apply, pursuant to the Supremacy Clause of the U.S. Constitution, the state statute is pre-empted by the Federal Arbitration Act. Plaintiff’s claims are dismissed without prejudice so the parties can arbitrate their dispute in Massachusetts.

Tagged with: Arbitration Breach of Warranty Real Property

A western North Carolina homeowners association has been awarded $2.4 million in compensatory damages in a dispute over defective roads - a verdict that may be the largest ever in Swain County, an attorney associated with the case said. Jurors returned the verdict on Feb. 17 after a two-week trial. The Alarka Creek Properties Homeowners Association sued Cane Creek Development Corporation of Bryson City and Charlotte-based W.K. Dickson & Co., alleging breach of express and implied warranties, breach of contract, negligence, fraud and unfair and deceptive trade practices.

Tagged with: Breach of Contract Breach of Warranty Fraud Homeowners' Association Negligence Unfair and Deceptive Trade Practices

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

Tagged with: Breach of Contract Breach of Warranty Catawba County Constructive Trust Fiduciary Relationship Fraud Real Property summary judgment Unfair and Deceptive Trade Practices

Wireless Communications, Inc. v. Epicor Software Corporation. (Lawyers Weekly No. 11-04-0114, 12 pp.) (Cayer, J.), USDC for the Western District of North Carolina, Charlotte Division, No. 3:10CV556-DSC, Jan. 11, 2011. The U.S. District Court for the Western District of North ...

Tagged with: Breach of Warranty Contract