A homebuyer of a newly constructed home alleged construction defects within the first year of moving into the home. After numerous unsuccessful efforts by the builder to fully satisfy the long punch list of demands of the homebuyer, the homebuyer simultaneously sued the builder in circuit court and also initiated a separate arbitration proceeding arising out of the extended warranty contract. The homebuyer made allegations in the circuit court action that were inconsistent with their allegations in the arbitration proceeding. The lawsuit was ultimately dismissed over the inconsistencies in the allegations of the homebuyer.
Bad house case/expert disclosure/failure to disclose expert/procedure/dismissal as sanction
