Originally posted 2012-08-24 11:36:29.
Here at Construction Law Musings, we’ve discussed the Dragas line of cases relating to Chinese Drywall. In those cases (for more, just plug in the word “Dragas” into the search field to the right of this post), the Court analyzed the insurance implications of remedial measures relating to Chinese Drywall. In sum, the Court admonished the contractors to make sure that they followed the terms of their insurance contracts and essentially denied coverage to a contractor that acted proactively to fix some of the issues with the drywall.
In a new case out of the Suffolk Circuit Court, Seeman v. Oxfordshire LLC, the Court analyzed a different aspect of these types of claims. Among the claims that the Suffolk County, Virginia Circuit Court analyzed in its opinion were claims under the Virgina Consumer Protection Act and claims for tort against the realty company and the drywall supplier. Both of these parties to the case demurred (a/k/a filed motions to dismiss) and the court sustained these demurrers to several of the counts on substantive grounds.
