John Ong (Charlotte) and Virginia Wooten (Charlotte) obtained Summary Judgment in favor of a subcontractor in a multi-million dollar construction defect case pending in the North Carolina Business Court. The subcontractor had supplied and delivered materials to the project and allegedly stacked the materials in violation of project specifications resulting in a claim that the weight had overstressed the subject trusses. Summary judgment was predicated on focusing on plaintiff’s experts inability to determine the nature and extent of any damages proximately caused the alleged conduct despite the vast amount of damages to trusses claimed to have been caused by manufacturing, construction, and other causes.

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