Dickerson v. Perry & Papenhausen, Inc. CA4/1
This is the second round of appeals arising from the allegedly defective construction of William Dickerson’s home by general contractor Perry & Papenhausen, Inc. (P&P), and the decidedly complicated litigation that followed. Dickerson and Paradiso in Terra LLC (Plaintiffs) sued P&P and others (Defendants), as well as their subcontractors; Dickerson alleged breach of contract and both Plaintiffs asserted negligence, among other claims. Plaintiffs settled with the subcontractors. Defendants filed a cross-complaint, claiming Dickerson breached the home construction contract by failing to pay certain amounts. A jury found Dickerson and P&P liable for breach of contract, and P&P liable for negligence, and awarded damages to both sides. The contract award to Dickerson was for delays and overcharging. Although the special verdict form submitted to the jury allowed for defect damages to be awarded in contract, the jury awarded them only on the joint negligence claim. P&P successfully moved t
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