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Cal.Sup.Ct. July 21, 2008 S141541 The California Supreme Court affirmed a decision of the court of appeal. The court held that a subcontractor’s duty to defend the project developer against lawsuits alleging defective work by the subcontractor arose as soon as any such suit was filed, without regard to whether or not the subcontractor was actually negligent.

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.

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