Khoury Construction Co. v. Hilker

Quillian, Presiding Judge.

The plaintiff brought an action for damages under a construction contract by which the defendant for a consideration agreed to build a house for the plaintiff, seeking to recover from the defendant for the *49defendant’s failure to remedy certain itemized defects under the terms of the builder’s warranty.

As described in the complaint, as amended, the principal items which it was alleged the defendant failed to correct were: 1) that the defendant negligently utilized fill dirt so that water accumulated under the house, 2) that the defendant negligently used marble around…