Covertite Eastern Ltd., a third party, sought summary judgment to dismiss a third-party claim by GRC Architects Inc. in a construction dispute concerning persistent water infiltration in a building's roofing structure.
Covertite argued the issues were design-related, not workmanship, for which it had no responsibility.
GRC Architects Inc. contended there was evidence of Covertite's negligence and poor workmanship.
The court dismissed the motion, finding that the complex technical issues and overlapping factual disputes with the main action and another third-party claim created a significant risk of inconsistent findings, making summary judgment inappropriate and not conducive to judicial economy.
