Mealey's Bankruptcy - Bankruptcy Judge Finds Claims Against Tyvek Installer Are Timely

Mealey's Bankruptcy - Bankruptcy Judge Finds Claims Against Tyvek Installer Are Timely

RALEIGH, N.C. - A federal bankruptcy court judge in North Carolina on Aug. 25 found that the general contractor overseeing construction of a luxury condominium complex could pursue claims for negligence, breach of express warranty and indemnity against the subcontractor that installed Tyvek building wrap, ruling that any alleged defects in the installation of the product were not open and obvious (In re: New Bern Riverfront Development LLC, No. 09-10340-8-SWH, Adversary Proceeding No. 10-00023-AP, E.D. N.C. Bkcy.; 2014 Bankr. LEXIS 3564).

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