Glass Product Manufacturer Opposes Summary Judgment Motion, Says Thermal Foam Window Spacer Contained ‘Latent’ Defects

DETROIT –– A glass product manufacturer has opposed a motion for summary judgment filed in a construction defect lawsuit, saying that it was not contractually obligated to produce the allegedly defective thermal foam window spacer since it contained a latent defect.

In the July 12 motion filed in the U.S. District Court for the Eastern District of Michigan, Thompson I.G. LLC further contends that the defect “was not discoverable until it had been incorporated in units that had been sold to third parties, so the damages caused thereby … could not be satisfied by merely replacing Edgetech’s Super Spacer, or …