Court Reinstates Award Denying Consequential Damages to Homeowners

TROY, Mich. - A Michigan Appellate panel has reversed a trial court and reinstated an arbitration award denying consequential damages to homeowners who complained that construction defects in their new home led to mold contamination. Mosher, Dolan, Cataldo & Kelly Inc. v. Feinbloom, No. 270579 (Mich. Ct. App.).

In an unpublished per curiam opinion issued on Oct. 23, the Court of Appeals affirmed the award in all aspects, including a payment of $66,988.59 from the homeowners to the builder, who had demanded $175,589.97 for completed work.

David and Lisa Ann Feinbloom filed for arbitration with Mosher, Dolan, Cataldo & Kelly …