September 14, 2023
ShareKelley Kronenberg Secures Client’s Dismissal in Complex Construction Dispute
Kelley Kronenberg Partner, Gary Brown, successfully defended clients facing construction defect and breach of contract and other claims. This challenging case involved significant personal exposure to our clients, as well as the costs of defending the case through expensive and invasive discovery into their personal finances and trial. Gary’s strategic legal maneuvers not only shielded our clients from potential exposure but also resulted in their complete dismissal from the lawsuit, sparing them significant legal expenses.
Our clients were the managers of a construction company hired by Plaintiffs to build their single-family home. However, after moving into their new home, Plaintiffs alleged the presence of construction and design defects. Their suit named the construction company and the architect, as well as our clients, individually. Plaintiffs’ Complaint accused our clients of conversion – claiming that the clients diverted funds that were meant to pay for construction work, including subcontractors’ fees. Plaintiffs argued that several subcontractors had placed liens on their property, and they had to cover these expenses themselves.
Facing these allegations, Gary Brown formulated a strategic defense plan aimed at dismissing the complaint against our clients. The central argument was that, even if the facts alleged by Plaintiffs were true, they primarily pointed to a breach of the construction contract by the construction company rather than establishing individual claims against our clients. Additionally, the defense argued that, based on the facts presented, Plaintiffs could not legally establish the conversion of funds.
Despite a failed “early” mediation attempt while the motion to dismiss was still pending, Gary continued to assert that there was no concrete evidence to support Plaintiffs’ claims. He made it clear that an amendment to the complaint could not remedy the deficiencies in the pleading. Furthermore, he warned that if the claims were not dropped, our clients would assert a 57.105 motion and seek sanctions, while simultaneously scheduling the motion to dismiss for a hearing.
Thanks to Gary Brown’s diligent and strategic efforts, our clients achieved a significant victory. They obtained a complete dismissal from the case without the court having to rule on the pending motion to dismiss. As this case is still ongoing as it pertains to the other parties involved, Gary’s aggressive tactics served to save our clients substantial attorney’s fees by obviating the need to continue to defend themselves in the lawsuit.
Gary Brown’s successful defense in this complex construction dispute exemplifies his commitment to providing exceptional legal representation to his clients. By skillfully leveraging strategic defense tactics, Gary epitomized the importance of a proactive and expert legal defense when facing multifaceted construction claims against our firm clients.