California Panel Finds Subcontractor Not Prevailing Party In Defects Dispute

(April 2, 2019, 8:49 AM EDT) -- SAN DIEGO — A California appeals panel on March 29 affirmed a trial court judge’s ruling that a window and sliding door subcontractor was not a prevailing party in a countersuit brought by D.R. Horton Los Angeles Holding Co. Inc. seeking indemnification and defense of a construction defects suit, finding that the subcontractor did not timely raise an affirmative defense under California Civil Code Section 1717(b)(2) or properly tender an amount of costs to the court (D.R. Horton Los Angeles Holding Co. Inc. v. Milgard Manufacturing Inc., No. D074889, Calif. App., 4th Dist., 1st Div., 2019 Cal. App. Unpub. LEXIS 2266)....

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