Obtained Summary Judgment for Architect Involved in Lawsuit for Mold Exposure

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Overview

Represented an architect employed by a general contractor in a matter where defendants included the general contractor and a number of subcontractors, including the architect, for damage due to mold in the condo which they purchased. Our client was asked to make certain modifications to the drawings for the condo which the plaintiff purchased. The plaintiff’s condominium did show the presence of mold. Plaintiff’s condominium also suffered from a wide variety of construction defects. Another significant factor was that many of the contractors simply performed poorly on the project. Plaintiffs’ theory with respect to the defendant architect was novel, in that it asserted that he had a duty as an architect to monitor the construction and bring deviations from his plan by the contractors to the attention of the general contractor. The plaintiffs believed their $600,000 condo was a total loss and made various demands beginning in the range of $1.5 million for settlement of the whole case based on personal injury/mold exposure. Ultimately, we were able to obtain summary judgment and the case was resolved in favor of our client, with his insurance carrier’s exposure limited to the cost of defense.

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