BM&S Partner John Bieder Obtains Dismissal on Summary Judgment in Construction Defect Case

Black Marjieh & Sanford LLP Partner John Bieder recently obtained summary judgment in a construction defect case, dismissing the plaintiffs’ causes of action and all cross-claims against BMS’ client.

The case involved allegations that BMS’ client, an architect, was professionally negligent in the design and construction of the plaintiffs’ modular home. Ultimately, the Court agreed with BMS’ arguments noting that the defendant “established a prima facie entitlement to judgment by showing that there was no departure from good and accepted architectural practice” and that the architect’s design work was limited to the creation of foundation plans and there was no admissible evidence which could establish the plaintiffs’ damages were proximately caused by same.

The Court’s ruling resulted in dismissal of the claims against BMS’ client, eliminating the risk of trial and bringing the litigation to a favorable conclusion.