Fla. Judge Refuses to Dismiss Drywall Building Code, Warranty Claims

FT. MYERS, Fla. - A Florida judge has denied a builder's motion to dismiss claims by two plaintiffs that its use of Chinese drywall in the construction of their homes violated state building codes and breached an implied warranty that the residences were free from defects. Carbone, et al. v. Breakwater Custom Homes Inc., et al., No. 10-CA-005189 (Fla. Cir. Ct., Lee Cty.).

The rulings were among several in a March 29 order issued by Lee County Circuit Court Judge Keith R. Kyle, who also rejected motions to dismiss claims against Breakwater Custom Homes Inc. for breach of contract, negligence …