Bernot v. Primus Corp.

Plaintiffs, Anthony and Maureen Bernot, own a house and lot ■they purchased from a general contractor (the builder). The builder became insolvent and is now defunct. After entering into the contract, plaintiffs discovered that the house had serious structural problems which appeared to have resulted either from improper grading and filling of the soil or from defects in the soil itself.

Plaintiffs filed a two-count complaint against defendants, S&S Excavating Company (S&S), a subcontractor which performed grading work on the lot prior to the purchase, and Primus Corporation, from which the…