Prior Mutual Release Dooms Subsequent Homeowners’ Defective Chimney Claims

Mealey's (January 30, 2023, 9:46 AM EST) -- DETROIT — The negligent construction claim of subsequent purchasers of a home with an allegedly defective chimney was properly dismissed by a trial court because the original homeowners released the defendant homebuilder from liability in a mutual release contained in a settlement agreement that resolved a dispute over fees from the home’s original construction, a Michigan panel held in affirming the trial court’s grant of summary disposition in favor of the builder....

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