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DEFENDANT’S Contract - Breach of Warranty – Construction Defect- Claimed breach of contract for sale of modular home – Fraudulent Concealment

U.S. District Court, Middle District of Pennsylvan

The plaintiff purchased a modular home from the co-defendant, Shorten Homes, Inc., which was manufactured by the defendant, Muncy Homes, Inc. The plaintiff claimed defects in the home following construction, and brought suit against the defendants for the cost of the home. The defendants denied the allegations made by the plaintiff.

The plaintiff’s expert engineer contended that the ceiling trusses in the roof of the home were defectively constructed, in that they did not contain support members or bracing, which was detailed in the construction documents. The plaintiff claimed breach of warranty, breach of contract, and fraudulent concealment. The plaintiff sought the cost of the modular home, plus the cost to repair the claimed defects.

The defendant manufacturer argued that it did not breach the express warranty. The defendant claimed that any damages to the modular home were caused by a third party set-up crew, which was not a defendant in the litigation.

The defendants’ expert demonstrated to the jury that the bracing, which plaintiff’s expert contended was missing, was shown on photos of the interior roof area of the modular home. In addition, the defense argued that photos of the delivery of the home taken by the plaintiff showed improper movement by the third party set-up crew, which the defendant manufacturer argued was the cause of the claimed defects to the structure.The jury found for the defendants. Post-trial motions are currently pending.

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