Mealey's Construction Defects : Mealey's : Legal News & Analysis

Mealey's Construction Defects

December 21, 2023
Indiana Panel: Acceptance Rule, Economic Loss Doctrine Don’t Bar Building Claims

INDIANAPOLIS — A trial court erred in dismissing claims arising from the alleged defective construction of a mixed-use building because neither the acceptance rule nor the economic loss doctrine serve to bar the claims in this instance, an Indiana panel found in reversing and remanding the trial court’s judgment.
December 20, 2023
In N.C. Federal Court, Parties Stipulate Dismissal Of Construction Defects Case

ASHEVILLE, N.C. — In light of a settlement reached between a custom homebuilder, its general contractor and a homeowning couple, in North Carolina federal court stipulated to the dismissal with prejudice of an action in which the couple alleged that their home was defectively built and launched a website publicizing their allegations against the builder.
December 19, 2023
Roofing Defendant Is Not Entitled To Know Settlement Amount, New Jersey Judge Says

FREEHOLD, N.J. — A sole remaining roofing defendant is not entitled to know the terms of a confidential settlement agreement signed between two other roofing defendants and the condominium association that sued all three companies for allegedly performing substandard work on a residential complex because public policy favors nondisclosure of confidential settlement agreements, a New Jersey judge found in denying the remaining defendant’s motion to compel discovery.
December 19, 2023
Nevada Federal Judge Finds Claims Against Dissolved Subcontractor Are Time-Barred

RENO, Nev. — Third-party claims and cross-claims for indemnification and contribution brought by two construction companies against a subcontractor that worked on the construction of a large distribution center that later suffered from defects are time-barred by statute because the subcontractor itself was dissolved more than three years before the claims against it were filed, a Nevada federal judge found in granting the subcontractor’s motion for summary judgment.
December 19, 2023
Ala. Federal Judge Compels Arbitration Of Construction Dispute Under 2 Contracts

MOBILE, Ala. — An Alabama federal judge compelled arbitration of a dispute brought by a homeowner who says her newly purchased manufactured home suffers from mold growth against the manufacturer and seller of the home under two separate arbitration agreements because the homeowner signed valid agreements with both parties.
December 14, 2023
Warranty For PEX Pipe Did Not Contain Arbitration Agreement, California Judge Says

FULLERTON, Calif. — No arbitration agreement existed between a pipe manufacturer and a plumbing company because the only agreement cited by the manufacturer was a warranty for its products, which a California federal court already said does not create a binding arbitration agreement in a previous case, a California judge found in denying the manufacturer’s motion to compel arbitration of the cross-claims brought against it by the company, which was sued for allegedly defective work it performed at a condominium complex.
December 14, 2023
Tenn. Panel Refuses To Consider Deficient Arguments In Construction Defects Case

KNOXVILLE, Tenn. — A Tennessee appellate panel refused to consider the merits of three issues raised by a pro se appellant who was found to have failed to perform construction work in a workmanlike manner by a trial court because the man’s appellate brief failed to comply with the Tennessee Rules of Appellate Procedure and the court’s local rules.
December 14, 2023
Indiana Panel: Trial Court ‘Harmonized’ Rules In Dismissing Roofing Claims

INDIANAPOLIS — A trial court “harmonized” two Indiana trial court rules by finding that a company that alleged that a roofing system on a building was negligently installed was required to add or substitute the real parties in interest within 30 days after the defendants moved for summary judgment on the grounds that the company did not own the building at issue, an Indiana appellate court panel found in affirming the trial court’s judgment.
December 14, 2023
California Judge: Parties Must Arbitrate Dispute Over Water Damage Renovation

FULLERTON, Calif. — A homeowner must arbitrate claims brought against a construction company and its owner for allegedly defective renovation work performed by the company to repair previous water damage at the home because the contract between the parties is enforceable and not unconscionable, a California judge held in granting the company and owner’s motion to compel arbitration.
December 14, 2023
Coalition Files 2nd Amended Complaint In Brazilian Plywood Dispute

FORT LAUDERDALE, Fla. — After one its members was voluntarily dismissed from the action, a coalition of American plywood manufacturers filed a second amended complaint, alleging that an accreditor of plywood certifying agencies contributed to the certification of substandard Brazilian structural plywood as meeting U.S. standards.
December 11, 2023
In Construction Row, Ohio Panel Says Man Was Prejudiced By Attorney’s Withdrawal

CLEVELAND — An Ohio appeals court panel found that because a man’s attorney withdrew and he did not receive any court notices as a result, a trial court abused its discretion in denying his motion for relief from a judgment it entered in favor of a construction company that was awarded money the man allegedly failed to pay it for work completed on his home.
December 07, 2023
Pennsylvania Federal Judge: Fact Issues Exists About Allegedly Negligent Roof Repair

PITTSBURGH — It is unclear whether a roofing contractor or the owner of a store where the contractor performed repairs is required to indemnify the other for damages each incurred in connection with a negligence suit brought by a man who slipped and fell in the store because questions of fact exist about whether the owner authorized the work, which it argues was negligently performed, a Pennsylvania federal judge found in denying both parties’ motions for summary judgment.
November 28, 2023
2nd Owners Of Home Can Be Compelled To Arbitrate Mold Claims, Texas Panel Says

BEAUMONT, Texas — Subsequent purchasers of a home that allegedly suffers from mold growth and water damage can be compelled to arbitrate construction defects claims brought against the builder of the home through the arbitration provision of the home’s original purchase agreement under the doctrine of direct-benefits estoppel, a Texas panel found in applying recent Texas Supreme Court precedent.
November 28, 2023
Stucco Products Claims Not Subject To Any Prescription Exception, La. Panel Says

LAKE CHARLES, La. — A homeowning couple’s claims of redhibition, negligence and products liability stemming from the yellowing of stucco products that were applied to their home are prescribed on the face of their petition, and no exception to the prescriptions applies, a Louisiana panel found in affirming a trial court’s decision to dismiss the claims.
November 27, 2023
After Mediation, Florida Federal Judge Dismisses Roofing Products Dispute

FORT MYERS, Fla. — One day after a mediator filed a mediation report announcing that a roofing contractor and a manufacturer of roofing products had reached a full settlement, a Florida federal judge dismissed without prejudice the contractor’s claims that the manufacturers’ products damaged two condominium properties during a roofing repair job.
November 27, 2023
In Miami Bridge Project Row, Federal Magistrate Judge Orders Production Of Reports

MIAMI — Minutes and monthly reports from the executive committee meetings of a joint venture in charge of constructing a major bridge in Miami, which has suffered construction setbacks, must be produced because the documents were prepared in the ordinary course of business pursuant to the terms of the joint venture agreement, a Florida federal magistrate judge found in granting a defendant-engineering firm’s motion to compel production.
November 27, 2023
Florida Federal Judge: No Punitive Damages For Homeowner In Chinese Drywall Case

FORT MYERS, Fla. — A man whose home was affected by Chinese-manufactured drywall is not entitled to punitive damages because he failed to show by clear and convincing evidence that a previous punitive damages award against a manufacturer of the drywall was not sufficient, a Florida federal judge found in partly denying the man’s motion for summary judgment.
November 17, 2023
Calif. Panel: COVID-19 Closures Did Not Toll Trial Deadline For Construction Case

SAN FRANCISCO — Courtroom closures caused by the COVID-19 pandemic did not toll the five-year deadline for commencing a civil trial because the failure to begin the trial in a construction defects action was caused by the two homeowners’ lack of diligence, a California appeals panel found in affirming eight mandatory dismissal orders entered by the trial court.
November 16, 2023
In N.C. Federal Court, Parties Announce Settlement Of Construction Defects Case

ASHEVILLE, N.C. — In a certification of mediation report filed in North Carolina federal court, a custom homebuilder, its general contractor and a homeowning couple announced that they had settled a case in which the couple alleged that their home was defectively built and launched a website publicizing their allegations against the builder.
November 16, 2023
Tenn. Federal Magistrate Judge: Gutter Dispute Should Be Transferred To Georgia

NASHVILLE, Tenn. — In considering a motion to dismiss or transfer, a Tennessee federal magistrate judge recommended transferring a case concerning allegedly defective gutter work on a home because the work was performed in Georgia and the defendant company was registered in Georgia.
November 15, 2023
Magistrate Judge: Roofing Contractor Failed To File Proper Expert Report

FORT MYERS, Fla. — A federal magistrate judge struck a report and expert testimony offered by a roofing contractor that says roofing products it used during a repair job damaged two condominium properties because the contractor failed to provide several necessary elements in the report, including all the opinions on which the expert would testify.
November 15, 2023
In Defective Window Clash, Magistrate Judge Says Negligence Claim Will Continue

JACKSONVILLE, Fla. — The economic loss rule and the independent tort doctrine do not bar a homeowning couple’s negligence claim brought against a company that installed windows and doors on their custom-built home because the couple alleged that the windows and doors damaged adjacent wood framing and the company breached duties beyond the contract between the parties, a Florida federal magistrate judge opined in recommending that the company’s motion to dismiss be denied.
November 15, 2023
Alabama Federal Judge Orders Dismissal Of Chinese Drywall Case With Prejudice

MOBILE, Ala. — After receiving notice that the parties had reached a settlement, an Alabama federal judge ordered that a dispute between the producer of defective Chinese-manufactured drywall and a homeowning couple who alleged that the drywall damaged their home be dismissed with prejudice.
November 10, 2023
Alaska Federal Judge Strikes Class Action Complaint In Defective Window Dispute

ANCHORAGE, Alaska — An Alaska federal judge struck a first amended class complaint filed by a homeowning couple who alleged that defective windows were installed on their home because the couple added allegations outside the scope of the judge’s previous order denying their motion to remand the case.
November 09, 2023
California Panel: Builder Was Properly Served Despite Wrong Name In Complaint

FRESNO, Calif. — Even though a homebuilder was improperly named in a complaint alleging claims for construction defects, he was properly served because service was sent to the location of his business, which was properly named in the pleading, a California appellate panel found in affirming a trial court’s decision to deny the builder’s motion to vacate a default judgment.