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BARRACK v. J.F. DAY & CO., INC.

No. 2007-CA-0097.

966 So.2d 1064 (2007)

Terri Barrack, Wife of/and Dr. Robert BARRACK v. J.F. DAY & COMPANY, INC., d/b/a Pella Windows & Doors, Pella Corporation, Charlotte Spencer Smith and SpencerSmith, A Professional Corporation, f/k/a SpencerSmith, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

August 29, 2007.

Attorney(s) appearing for the Case

Stewart E. Niles Jr., Lawrence J. Centola, Niles, Bourque & Fontana, L.L.C., New Orleans, LA, for Plaintiff/Appellant.

Richard S. Vale, Christopher K. LeMieux, Pamela F. Noya, Blue Williams, L.L.P., Metairie, LA, for Defendant, Appellee.

Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge DAVID S. GORBATY.

DAVID S. GORBATY, Judge.

Dr. and Mrs. Robert Barrack (hereinafter Barrack) appeal a summary judgment granted in favor of Spencersmith, a Professional Corporation, f/k/a SpencerSmith, Inc. (hereinafter SpencerSmith), with regard to construction defect claims.1 For the following reasons, we affirm in part, and reverse in part.

FACTS AND PROCEDURAL HISTORY:

On November 1, 1996, the Barrack's contracted with Rick...

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