Goldberg Simpson Counsel successfully defends Defective Construction case

In a decision issued by Judge Hickman in the Shelby Circuit Court, the court found that two home purchasers had breach the construction contract by failing to pay for the cost of construction following a 2-day trial.


The home had been constructed at a cost of over $490,000.00. The Plaintiffs, after being allowed to move in the residence prior to closing, refused to pay for the home and alleged various construction defects.  The home owners were ultimately ordered to pay at least the interest on the construction loan and for the costs of utilities.


The Court found that there were no construction defects in the home, and that the home had been constructed in a good and workmanlike manner.  The Court found that even the Plaintiffs’ own expert agreed with the professional level of construction.  The Court ruled the Plaintiffs fully responsible for the outstanding balance on the home of $422,321.00 plus reasonable attorney fees as set out in the contract for construction.


The case was successfully defended by Stephen E. Smith and Rudy J. Ellis III.