Lumsden v. Williams

In action alleging construction defects in home, the trial court erred in holding that appellants' remedial repair efforts entitled appellees to summary judgment under Repair Act because requirements of Act were met by trial court staying action to give parties an opportunity to resolve their differences, and nothing in Act requires dismissal if a claimant fails to give pre-litigation notice of defects.

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George W. Lumsden and Helen F. Lumsden filed this appeal after the trial court granted summary judgment to Stephen P. Williams and Elizabeth McGee hereinafter referred to collectively as the “Sellers” on the Lumsdens’ claims arising from alleged construction defects in their home. The Sellers began construction on the home, a log-cabin style house in Chattooga County, in March 2004. George Lumsden contracted to purchase the house from the Sellers on December 1, 2005.1 Under the “New Construction Purchase and Sale Agreement” the “Agreement” he executed with the Sellers, the Sellers agreed to warrant the property “against all defects in labor and materials” for a one-year period. On the day of the closing, December 19, 2005, George Lumsden and the Sellers signed a “Walk Through List”of items to be completed after closing in accordance with the Agreement. This document provided that it “shall amend the prior Agreement of the parties.” In addition, under the Walk Through List, the Sellers furnished a one-year guarantee “on basement not leaking.” The parties further stipulated that the closing attorney would withhold $10,000 in escrow until the items on the Walk Through List were completed. The transaction proceeded to closing, and the Lumsdens took possession of the property the next day, on December 20, 2005.

Three months later, on March 16, 2006, the parties hand-wrote a stipulation on the face of the Walk Through List indicating that the list “has been completed” as of that date and agreeing that the escrow funds would be divided between the parties, with $9,300 going to the Sellers and $700 to the Lumsdens “due to expenses incurred in accomplishing certain items on walk through list and other expenses.” This stipulation was initialed by both Lumsdens and Stephen Williams.

Lumsden v. Williams

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