DelZak Builders, Inc. v. J.C. Duke & Associates, Inc.

PARKER, Justice.

J.C. Duke & Associates, Inc. (“Duke”), petitions this Court for a writ of mandamus ordering the trial court to vacate its order denying Duke’s motion to dismiss the claims against it pursuant to Ala.Code 1975, § 6-5-440, Alabama’s abatement statute. We grant the petition and issue the writ.

I. Facts and Procedural Posture

In February 2005, Duke sued C.L. Roofing Professionals, Inc., and DelZak Builders, Inc., in the Mobile Circuit Court, alleging poor workmanship, untimely performance, and breach of warranty. Duke’s claims arise out of its contract with DelZak for the…