STATE, HOME BUILDERS LIC. BD. v. Grzelak

This case was originally assigned to a former judge on this court and was recently reassigned.

This is an appeal from a summary judgment. Michael F. Grzelak, a homeowner, and Frank C. Owen, a homebuilder, entered into a residential construction contract on March 11, 1991. On August 29, 1991, Grzelak sued Owen, alleging breach of contract and fraud. On September 16, 1994, a verdict was rendered against Owen, and a judgment entered in favor of Grzelak for $25,000.

On October 2, 1995, Grzelak filed a verified claim against the Home Builders Licensure Fund ("Fund") in accordance with § 34-14A-15,…