Question: CASE # 8 In 2 0 0 2 a Nevada land developer entered into a contract with the defendant ( Greene Construction ) for the
CASE #
In a Nevada land developer entered into a contract with the defendant Greene Construction for the erection of a story, unit apartment. The plans were prepared by the interveners, an architectural rm Batt and Batt The building was completed in December In ownership of the building was transferred to the plaintiff Vegas Development In Vegas Development became concerned about the exterior cladding which consisted of inch thick slabs of stone. They consulted Batt and Batt and a rm of structural engineers who reported that the cladding was structurally sound and recommended minor works which were carried out. On April a story high section of cladding, approximately feet in length, fell from the ninth story. Vegas Development spent in excess of $ million removing and replacing the entire cladding. Vegas Development commenced an action in negligence against Greene Construction, Batt and Batt and the cladding subcontractors Brown and Myers Greene and Brown and Myers moved to strike out the claim as disclosing no reasonable cause of action. This motion was dismissed by a Judge in Nevada. Greene appealed and the State of Nevada Court of Appeal allowed the appeal. Vegas Development appealed to the Supreme Court.
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