SHEARON FARMS TOWNHOME v. SHEARON FARMS

No. COA18-1308.

847 S.E.2d 229 (2020)

SHEARON FARMS TOWNHOME OWNERS ASSOCIATION II, INC., Plaintiff, v. SHEARON FARMS DEVELOPMENT, LLC; Dan Ryan Builders-North Carolina, LLC; Abbington Heights, LLC; Jeld-Wen, Inc., and Jeld-Wen Holding, Inc., Defendants. Dan Ryan Builders-North Carolina, LLC, Defendant/Third-Party Plaintiff, v. JP&M Enterprise, Inc.; JP&M Enterprise, Inc. d/b/a Ace Vinyl Siding; Alpha Omega Construction Group of Raleigh, Inc.; Alpha Omega Construction Group of Raleigh, Inc. d/b/a Alpha Omega Const. Group of Raleigh; BMC East, LLC; BMC East, LLC d/b/a BMC; BMC East, LLC f/k/a Stock Building Supply, LLC d/b/a Stock Building Supply; Brinley's Grading Service, Inc.; Brinley's Grading Service, Inc. d/b/a Brinley's Grading Service; GMA Supply Inc.; GMA Supply Inc. f/k/a GMA Supply LLC d/b/a GMA Supply; Locklear Roofing Inc.; Locklear Inc.; Locklear Roofing Inc. d/b/a Locklear Roofing; Locklear Inc. d/b/a Locklear Roofing; Taylor's Landscaping, Inc.; Taylor's Landscaping, Inc. d/b/a Taylor's Landscaping Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

Filed: August 4, 2020.


Attorney(s) appearing for the Case

Jordan Price Wall Gray Jones & Carlton PLLC, by Brian S. Edlin , Raleigh, and H. Weldon Jones, III , for plaintiff-appellant.

Shumaker, Loop & Kendrick, LLP, Charlotte, by Frederick M. Thurman, Jr. and William H. Sturges , and The Sieving Law Firm, A.P.C., by Richard N. Sieving , for defendant-appellee JELD-WEN, Inc.


Plaintiff Shearon Farms Townhome Owners Association II, Inc. is a homeowners' association in Wake County. In early 2018, some members of the association noticed that the siding of their homes was warped and distorted and looked as if it were melting.

After investigating the damage, the association brought tort and warranty...

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