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Construction

Jul. 8, 2024

Second lawsuit against roofing contractor barred by claim preclusion

In 5th and LA v. Western Waterproofing Company, Inc., the 2nd District Court of Appeal held that a second lawsuit against a roofing contractor was barred under the doctrine of claim preclusion. The court found that the claimed harm involved the same “primary right” in both the first and second lawsuit, and that new leaks were not enough to escape claim preclusion.

Garret D. Murai

Partner, Nomos LLP

Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.

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Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief. In short, don’t be “that guy” or “that woman.”

But, as with most things in life and the law, there’s always an exception to the rule. One of which is: Don’t hold back on a claim ...

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