Judge: Couple’s Negligence Claim Over Water Intrusion Not Barred By Warranty

(June 24, 2020, 12:49 PM EDT) -- NEW CASTLE, Del. — A Delaware judge on May 27 refused to dismiss a couple’s lawsuit against the builder of their home, finding that the court has subject matter jurisdiction because their negligence claim is not subject to an arbitration clause in the home warranty and because the couple can pursue a claim for negligence instead of a claim for breach of warranty (Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. N19C-11-046, Del. Super., New Castle Co.)....