Lynton O. Hester IV vs. Burns Builders

Lauren G. Coleman

Case Conclusion Date:June 6, 2012

Practice Area:Construction / Development

Outcome:Reversed and Remanded

Description:Appeal from a summary judgment granted in favor of builder. Builder alleged payment was due under the contract and that plaintiff could not prevail because home had been lost to foreclosure. Court ruled that since contract called for customer to be satisfied with quality of construction work, and came forward with affidavit of professional engineer showing work was defective, and not counter evidence presented, that a material issue of fact remained precluding summary judgment.