H. David Roy v. MBW Construction, Inc.

H. David Roy appeals the circuit court’s grant of summary judgment in favor of MBW Construction, Inc., and MBW’s president, Keith McConnell, 1 on Roy’s petition seeking damages for breach of implied warranty of habitability and fitness, fraudulent concealment, and unlawful merchandising practices and punitive damages for willful violation of a building code. Roy asserts the circuit court erred in granting summary judgment because (1) MBW failed to comply with the requirements of Rule 74.04 by submitting statements of fact that were defective in form and/or not supported by properly certified…