Crispens Enterprise, Inc. v. Halstead

Smith, Judge.

Pursuant to a written agreement, the Halsteads hired Crispens Enterprise, Inc. (CEI), to erect a garage on their residential property. CEI then subcontracted the pouring of a 15-foot-high concrete retaining wall to third-party defendant Con-Wall Construction Company (CCC). The following chronology appears without dispute: CCC poured the wall on October 27, 1989; the forms were removed on October 30, 1989; and on November 2, 1989, CEI ordered that the space against the retaining wall be backfilled with dirt. The concrete wall cracked, and when CEI was unable to repair the damage…