Stancliff v. Brown and Webb Builders Inc.

A builder of a structurally defective house could not insulate itself from liability for defects by claiming that any negligent work was performed by independent contractors.

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In 1996, Ned Stancliff and Mary Stancliff purchased a house in Alpharetta. Brown and Webb Builders, Inc. “B&W” built the house and sold it to its original residents, who in turn sold it to the Stancliffs. After moving into their home, the Stancliffs noticed water seeping into the residence around the doors, and the doors and windows began to warp. The Stancliffs suspected the problem was related to the home’s synthetic stucco cladding. An inspection revealed that the house was constructed with a type of synthetic stucco cladding known as an Exterior Insulation and Finish System “EIFS”, which was improperly installed. Further inspection and repair revealed extensive water damage.

The Stancliffs sued B&W, its principals, and Precision Plastering, Inc., the EIFS installer. They claimed B&W was negligent in constructing the home, supervising its subcontractors, and failing to adhere to industry standards. B&W moved for summary judgment, and introduced the affidavit of its principal officers stating that the house was constructed by independent contractors, and not B&W, and that the principal officers did not supervise the independent contractors or know of any defects in the home. In response to B&W’s motion for summary judgment, the Stancliffs introduced the affidavit of an inspector showing that the Stancliffs’ residence had suffered damage due to the improper installation of the EIFS, including the failure to install a diverter or flashing on the roof in accordance with the applicable construction code, among other defects in construction. They also submitted the affidavit of Ned Stancliff, who affirmed that the inspection report generated before the Stancliffs purchased the home did not notify them that the house was constructed with an EIFS or that the EIFS was defective. Relying on the affidavits submitted by B&W’s officers, the trial court granted B&W’s motion for summary judgment, and the Stancliffs appeal. We reverse because genuine issues of material fact remain for the trier of fact.

Stancliff v. Brown and Webb Builders Inc.

A builder of a structurally defective house could not insulate itself from liability for defects by claiming that any negligent work was performed by independent contractors.

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