Strazza Building & Construction, Inc. v. Harris

Summary

The court held that the rebuttable presumption of privity between a general contractor and subcontractors does not apply when a property owner seeks to bind the general contractor to a judgment entered in an action between the owner and a subcontractor. Because the subcontractor did not adequately represent the general contractor’s substantially larger interests and the contractor lacked a meaningful opportunity to litigate the broader project issues, a genuine issue of material fact remained as to privity and res judicata. The court affirmed the denial of summary judgment.