Posted on July 13, 2006 by John Parnass

Division 2 Rejects Spoliation Claim in EIFS Defect Case

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The GC's insurance company settled a stucco defect claim by paying the owner $318,000 which the owner promptly used to tear down the existing house (and EIFS) and dispose of the "evidence" to make way for the new home.  In response to the carrier's subrogation suit, the responsible subcontractor filed for summary judgment on the ground that its expert was deprived of the crucial opportunity to see the defective work and resulting damage.  Division 2 held the carrier had no control over the owner's home and was not at fault for the evidence destruction.

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