A Vermont court has ruled against Reliable Builders, LLC, in a case brought by homeowners David Levis and Teresa Gonzales-Ferrer. The court denied Reliable Builders' motion to dismiss the homeowners' breach of contract claim related to faulty construction. This decision allows the case to proceed, as the plaintiffs allege that the builder misled them about the quality of the work.

The case, filed under docket number 25-CV-04636, centers around construction issues that have plagued the homeowners since they hired Reliable Builders to add a new section to their home in January 2017. The ruling is significant as it addresses the statute of limitations for breach of contract claims and the doctrine of equitable tolling, which can extend the time allowed to file a lawsuit.

Background

David Levis and Teresa Gonzales-Ferrer hired Reliable Builders in 2016 to construct an addition to their home. After the construction was completed in January 2017, the homeowners noticed issues with the roof, which appeared to be installed flat, causing water to collect on it. Despite their concerns, they were assured by the builder that this was normal.

In December 2018, the homeowners experienced water leaks inside the new addition. They attempted to resolve the issue with the builder, who provided assurances that the problems had been addressed. However, the leaks persisted, leading the homeowners to file a lawsuit in October 2025, claiming breach of contract due to the faulty roof construction.

The Ruling

The court ruled that Reliable Builders' motion to dismiss the case was denied. The judge noted that the plaintiffs had raised a valid argument for equitable tolling, which could allow them to file their claim despite being outside the typical six-year statute of limitations for breach of contract cases in Vermont.

The court stated, "The only question under Rule 12(b)(6) is whether they should be able to proceed to discovery so that the evidence can be developed before the matter is finally resolved."

The judge emphasized that the plaintiffs' allegations were sufficient to allow the case to move forward. The court acknowledged that the plaintiffs had relied on the builder's misrepresentations about the quality of the work, which could potentially toll the statute of limitations.

Impact

This ruling has important implications for homeowners facing similar construction issues. It highlights the importance of clear communication and honesty from contractors. If a builder misleads homeowners about the quality of work performed, it may allow the homeowners to extend the time they have to file a lawsuit.

The decision also underscores the court's willingness to allow cases to proceed to discovery, where further evidence can be gathered. This could potentially lead to a trial where the facts of the case are fully examined. The ruling may set a precedent for future cases involving claims of misrepresentation in construction contracts.

What's Next

The case will now proceed to the discovery phase, where both parties will gather evidence to support their claims and defenses. It is unclear whether Reliable Builders will appeal the decision or if there are any related cases pending. The court filing did not provide additional details on next steps.