Pulte Home Corp. v. Osmose Wood Preserving, Inc.

TJOFLAT, Chief Judge:

Appellant Pulte Home Corporation (“Pulte”), a nationwide homebuilder, challenges the grant of judgment notwithstanding the verdict in favor of appellee Osmose Wood Preserving, Inc. (“Osmose”), a manufacturer of chemicals that were applied to plywood Pulte used in constructing the roofs of 1876 townhouses. After the townhouses were sold, the chemicals caused the plywood to deteriorate; Pulte subsequently replaced the plywood at a cost exceeding $3,650,000. A jury found that Pulte’s loss from replacing the plywood was caused by Osmose’s (1) misrepresentation that the…