Bradley Hansmann and Travis McDonald were able to obtain summary judgment in favor of their client, a general contractor that was sued as a result of the client’s electrical subcontractor causing a fire that led to the destruction of a motel. WWBH’s client was the general contractor performing mold remediation at the motel which included electrical issues. Shortly after the electrician performed work, a fire occurred that caused substantial damage to the motel. The plaintiff filed a lawsuit against WWBH’s client for breach of contract and negligence contending it failed to properly manage the project and supervise the subcontractor. WWBH filed a motion for summary judgment contending that a general contractor cannot be held liable for the actions of an independent subcontractor when the action was one that was grounded in tort. After extensive discovery, focusing on the relationship between contractors, extensive briefing, and two oral arguments, the court, relying on the language of Sakabu v. Regency Construction Co., 392 S.W. 3rd 494, granted WWBH’s Motion for Summary Judgment and entered Judgment for the WWBH’s client during the pre-trial conference the week before trial was to begin.
