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Boyce v. Blenheim at Bay Pointe, LLC

Superior Court of Delaware, New Castle

December 30, 2014

HENRY BOYCE and ANGELIQUE BOYCE, Plaintiffs,
v.
BLENHEIM AT BAY POINTE, LLC., BLENHEIM HOMES, INC., BLENHEIM HOMES, L.P., SUDLER CONSTRUCTION LTD., THE LESSARD ARCHITECTURAL GROUP INC., JOHN F. MCLAURIN, JAMES A REEVES INC., CUSTOM SIDING OF DELAWARE LLC, DELMARVA ROOFING AND COATING INC., CARFARO INC., and BLENHEIM BROWN LLC, Defendants.

Submitted: October 29, 2014

Upon Defendants Blenheim at Bay Pointe, LLC, Blenheim Hones, Inc., and Blenheim Homes, L.P.'s, Motion to Dismiss.

Blake A. Bennett, Esquire, and Christopher H. Lee, Esquire, Cooch & Taylor P.A., Attorneys for Plaintiffs.

Jeffrey M. Weiner, Esquire, Attorney for Defendants Blenheim at Bay Pointe, LCC., Blenheim Homes Inc., and Blenheim Homes, L.P.

Joel H. Fredricks, Esquire, Casarino Christman Shalk Ransom & Doss P.A., Attorney for Defendant Suder Construction Ltd.

Paul Cottrell, Esquire, Tighe & Cottrell, P.A., Attorney for Defendants The Lessard Architectural Group, Inc., and John F. McLaurin.

Charles Gruver, III, Esquire, Charles Gruver III, P.A., Attorney for Defendant Custom Siding of Delaware LCC.

Joseph Scott Shannon, Esquire, and Art C. Aranilla, Esquire, Marshall Dennehey Warner Coleman & Goggin, Attorneys for Defendant Carfaro Inc.

OPINION

JURDEN, J.

I. INTRODUCTION

Before the Court is Defendants' Blenheim at Bay Point LCC., Blenheim Homes Inc., and Blenheim Homes L.P.'s (collectively "Blenheim") Motion to Dismiss. This case involves negligence claims by the owners of a single family home in the Bay Pointe residential community against the builders and designers of that home. After experiencing reoccurring water leaks and severe damage in their home, Plaintiffs filed suit against Blenheim, Sudler Construction Ltd ("Sudler"), The Lessard Architectural Group Inc. ("Lessard"), John F. McLaurin ("McLaurin"), James A Reeves Inc. ("Reeves"), Custom Siding of Delaware LLC ("Custom Siding"), Delmarva Roofing and Coating Inc. (Delmarva Roofing"), Carfaro Inc. ("Carfaro"), and Blenheim Brown LLC ("Blenheim Brown") ("collectively Defendants"), alleging negligent construction and negligent design.

Blenheim filed this Motion to Dismiss arguing that the Plaintiffs' Complaint is time-barred and fails to state a claim against Defendants Blenheim Homes, Inc. and Blenheim Homes L.P.

Defendants Sudler, Lessard, McLaurin, Custom Siding, and Carfaro, have joined Blenheim's Motion to Dismiss. For the reasons explained below, ...


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