December 2001
By Dan Bryson

We tried a case against Dryvit in Norfolk, Virginia Circuit Court during the first two weeks of November 2001. The case involved the Bay Point Condominiums in Norfolk. We represented the owners (there were 61 condos on the shores of the Chesapeake Bay). The condos were clad with Dryvit. On December 21, 2001, we presented closing arguments and findings of fact before the Honorable Judge Joseph Leafe . He is expected to render a decision in late January 2002 or early February 2002. Shortly before trial, plaintiffs settled with the builder (who had also settled with the applicator). Part of the settlement with the builder involved an assignment of the builder's claims against Dryvit for breach of implied warranty (the judge had dismissed plaintiffs' claims against Dryvit ). Dryvit's defense at trial was basically that all claddings will cause problems if crucial flashing details are omitted and leaky windows are utilized. In a nutshell, we argued on behalf of the builder, that the design of Dryvit's Outsulation was defective. As far as I know, this is the very first case to go to trial against a manufacturer on the East Coast. I will let you know of the outcome.

In addition, we have two cases going to trial against a builder in the Washington, D.C. area in mid-January 2002 on a townhouse clad with EIFS with significant mold problems. Again, I will let you know the outcome. I also think that this is the first case to go to trial involving mold on the East Coast.