Ray Coudriet Builders, Inc. v. R.K. Edwards, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D432 (Fla. 5th DCA February 13, 2015)
The homeowner sued the general contractor for negligently constructing his home, and the general contractor filed a third party complaint for indemnity and contribution against the drywall subcontractor. The trial court dismissed the third party complaint because it alleged that the subcontractor performed his oral agreement with the general contractor, but the appellate court reversed because the third party complaint also alleged that the subcontractor breached the oral agreement by failing to perform his portion of the job in a workmanlike manner. In addition, a home inspection report, “assert[ing] that the drywall work throughout the house was ‘very poor,’” was attached to the third party complaint.
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