A number of homeowners in a housing development in Huntington Beach brought a construction defect suit against the project developer, as well as the project’s window manufacturer and window framer. The homeowners sued the manufacturer for strict products liability, negligence, and breach of warranty because the windows leaked and fogged.
The developer cross-complained against the window manufacturer and framer to recover its attorney fees in defending the suit and for indemnification. This was pursuant to an agreement between the window manufacturer, as subcontractor, and the developer in which the window manufacturer promised the developer to “defend” actions brought against the developer “founded on … claims growing out of the execution” of the window manufacturer’s work.
