A custom-built home on Alabama’s Gulf Coast. Significant damage discovered not long after construction was complete. Damages alleged approaching $1 million. And a trial that put competing theories of fault — against a product, its distributor, and the contractor who installed it — to the test.
We’re proud to share that FDZ partners, Chris Zulanas and David Gordon, teamed up to secure a full defense result for a Gulf Coast contractor client, after several days of trial in a case that combined construction defect and products liability claims.
The Case: A Damaged Subfloor and Three Theories of Blame
The case centered on a custom-built, elevated home on Alabama’s Gulf Coast that suffered significant damage soon after it was built. The root cause was moisture and mold: the subfloor of the elevated home had begun to rot underneath the flooring.
FDZ’s client, a contractor, had installed the home’s flooring — luxury vinyl plank (LVP). The plaintiff pursued the case on three fronts: that the LVP product itself was defective, that the product’s distributor and FDZ’s client had failed to warn that the flooring would trap moisture and damage the subfloor beneath it, and that FDZ’s client had improperly installed the flooring.
The Trial and the Verdict
The case proceeded to trial, with damages alleged approaching $1 million. After several days of trial, no fault was found on the part of FDZ’s client, and our client was dismissed from the case.
What This Means for Our Clients
Cases like this one often come layered with multiple, overlapping theories of liability — a product defect claim here, a failure-to-warn claim there, an installation or workmanship claim on top of it. For a contractor caught in the middle of that kind of case, the stakes and the complexity can both be high. Our approach is to take each theory seriously, build the factual record needed to answer it, and take the case to trial when that’s what it takes to get our client the right result — rather than settling a claim that shouldn’t be paid.
A Firm Committed to Relentless Advocacy
Our firm constantly strives to get the best results for our clients, representing them relentlessly, and is proud to help get them the justice they deserve.
Interested in Working With FDZ?
If your business is facing a construction defect, products liability, or other complex civil claim, our trial team is ready to help.
Friedman, Dazzio & Zulanas, P.C. is an Alabama-based litigation firm committed to delivering exceptional results for businesses, insurers, and individuals facing complex civil claims.