Construction Company Cites Home Warranty in Effort to Exit Class Action

TAMPA, Fla. - A homebuilder has moved to dismiss Chinese drywall claims brought by homeowners in Florida, arguing that the warranty-related class allegations contradict terms contained in a home warranty issued to residents when they purchased their homes. Culliton v. Taylor Morrison Services Inc., et al., No. 09-589 (M.D. Fla.).

Taylor Morrison Services Inc. contends in the April 30 motion filed in U.S. District Court for the Middle District of Florida that claims alleging breach of warranties and negligent construction should be dismissed outright because the homeowners agreed that an applicable warranty on their homes did not apply to defects …