ELLIOTT v. KB HOME NORTH CAROLINA, INC.

No. COA13-352.

752 S.E.2d 694 (2013)

Mark ELLIOTT, Tor and Michelle Gabrielson, Michihiro and Yoko Kashima, on behalf of themselves and all others similarly situated, Plaintiffs, v. KB HOME NORTH CAROLINA, INC. and KB Home Raleigh-Durham, Inc., Defendants, and KB Home Raleigh-Durham, Inc., Third-Party Plaintiff, v. Stock Building Supply, LLC, Third-Party Defendant.

Court of Appeals of North Carolina.

December 17, 2013.


Attorney(s) appearing for the Case

Whitfield Bryson & Mason LLP, Raleigh, by Daniel K. Bryson , Scott C. Harris , Gary E. Mason , pro hac vice, Nicholas A. Migliaccio , pro hac vice, and Jason S. Rathod , pro hac vice, for Plaintiffs-Appellees.

Bradley Arant Boult Cummings LLP, Charlotte, by Michael W. Knapp and Brian M. Rowlson , for Defendant/Third-Party Plaintiff-Appellant KB Home Raleigh-Durham, Inc.

Hunton & Williams LLP, Charlotte, by A. Todd Brown and Ryan G. Rich , for Third-Party Defendant-Appellee Stock Building Supply, LLC.


McGEE, Judge.

KB Home Raleigh-Durham, Inc. ("Defendant") is a general contractor in the business of building homes. Defendant has contracted with many people over the years to build homes, including Mark Elliott, Tor Gabrielson, Michelle Gabrielson, Michihiro Kashima, and Yoko Kashima ("Plaintiffs"). According to Defendant, each homeowner who purchased a home directly from Defendant "entered into two separate written contracts with [Defendant]: a New Home Purchase...

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