Del. Court Finds Builders' Motion to Dismiss Premature

WILMINGTON - A Delaware trial court has denied motions to dismiss breach-of-contract and other claims by homeowners who allege that a builder's failure to respond to complaints of defects in their $1.1 million home led to mold problems. Reid v. Thompson Homes at Centreville Inc., et al., No. 06C-10-075 (Del. Super. Ct., New Castle Cty.).

New Castle County Superior Court Judge Robert B.Young said in his Nov. 21 opinion that factual matters need to be developed in discovery, and portions of the dispute may well be subject to arbitration, as the builders asserted.

Ellen and Donald Reid sued Thompson Homes …