Thibodeau v. Crum

Opinion

CAPACCIOLI, Acting P. J.

After arbitrating numerous construction deficiencies with the general contractor on their single-family home, plaintiffs asserted contract and tort claims against the subcontractor who constructed the driveway. Defendant subcontractor argued that the action was barred by application of the doctrine of res judicata, based upon the prior arbitration award. The court below rejected the defense of res judicata, conducted a trial, and entered judgment for plaintiffs.

On defendant’s appeal, we conclude that the action is indeed barred by res judicata and reverse.

Factual…