An Idaho judge put an abrupt end to a $2.5 million arbitration demand filed by actor Tom Hanks and his wife Rita Wilson against a contractor who allegedly did a poor job in building Hanks’ $10 million dollar Sun Valley home.

Judge Robert Elgee ruled that arbitration between these same parties in 2003 completely exonerated the contractor and settled the issue.

Tom Hanks and wife Rita Wilson argued that Storey Construction left defects in their home from construction completed in 2002. These claims continued after three arbitrators in 2003 dismissed their claim with prejudice and awarded them nothing.

Armed with new attorneys, Hanks and Wilson attempted to resuscitate their failed construction defect case, claiming the defects were latent. Filing a new demand for arbitration in November 2007, Hanks and Wilson claimed $2.5 million “in damages caused by alleged construction/design errors.”

“What Tom and Rita don’t realize is the law is not like movie making – you can’t reshoot until you get the outcome you like,” said attorney Miles Stanislaw. “The repeated legal actions are baseless and that is exactly what the court ruled today.”

Today’s ruling stems from Idaho state law which bans the relitigation of claims arising from the same transaction or circumstance. Storey Construction completed work on the home in 2002 and the construction defect claims were ruled upon by an arbitration panel in 2003, in favor of Storey.

“I am happy that this nightmare is finally over,” said Gary Storey, owner of Storey Construction. “This ongoing harassment from Hanks and Wilson has put tremendous stress on me, my family and my business.”

The legal battle between Storey and the Hanks’ began in 2003 when the construction company placed a lien on the property to receive payment for the remainder of the balance due. When the couple refused to pay, Storey took Hanks and Wilson to mandatory arbitration, where the couple counter-claimed the work was defective and demanded $800,000 in damages.

That arbitration awarded Storey almost $3 million for the balance on the construction work and Hanks and Wilson nothing.

According to Storey Construction and its attorneys, Storey has already successfully defended against the defendants’ false accusations of construction defects – accusations made to avoid paying Storey money that was due. They claim the defendants are seeking to relitigate a case they previously lost, and in doing so, are inflicting severe harassment on Storey. Judge Elgee based his ruling on well-established Idaho law which prohibits the relitigation of the same claim.

Hanks and Wilson are now faced with defending themselves against charges of abuse of process, filed by Storey.

Storey’s complaint alleges their latest claim was filed out of desire for revenge. According to Stanislaw, damages are potentially in the millions since Idaho law allows for the award of punitive damages against those who use the legal system for spiteful or improper purposes.

Hanks and Wilson also filed a million-dollar claim against the architect who designed the home, alleging the same flaws and defects blamed on Storey.

(source)

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