One of the Firm’s builder clients was sued by a Condominium Association for construction defects involving a large luxury condominium development in Scottsdale, Arizona. The homebuilder filed a Motion for Summary Judgment against the successor developer that purchased the completed project and later sold the units based on an indemnity provision in the purchase agreement. The Motion was granted, and the Court held that the successor developer must completely defend and indemnify the builder as it pertains to the Association’s defect claim, effectively absolving the firm’s builder client from any liability for the defect claims.
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