Mealey's Construction Defects
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May 19, 2023
Claims Of Water Intrusion At New Building Are Time-Barred, Texas Panel Says
HOUSTON — A property owner’s claims arising from water leaks at a newly constructed retail building are barred by the statute of limitations because the owner failed to file the clams within four years and nothing tolled the applicable limitations period, a Texas panel found May 18 in affirming a trial court’s ruling.
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May 18, 2023
Calif. Panel Affirms Dismissal Of Window Installation Claims As Time-Barred
SAN FRANCISCO — A homeowner’s claims that a contractor failed to properly install custom windows and doors were time-barred because the repairs to the windows and doors did not toll the applicable statute of limitations, a California panel found in affirming a trial court’s grant of summary judgment in favor of the contractor.
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May 18, 2023
After Parties Announce Settlement, Alabama Federal Judge Dismisses Stucco Dispute
MOBILE, Ala. — Upon receiving notification of the parties’ settlement, an Alabama federal dismissed with prejudice a case in which a homeowner alleged that various parties contributed to the installation of defective stucco products during the construction of a new home.
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May 16, 2023
Delaware Judge: Issues Of Fact Exist Regarding Faulty Roofing Installation
WILMINGTON, Del. — Two roofing contractors are not entitled to summary judgment on breach of contract and negligence claims brought against them by a condominium association because there are questions of fact as to whether falling shingles were sufficient to put the association on notice of its claims, a Delaware judge held in denying the contractors’ motion for summary judgment based on the statute of limitations.
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May 16, 2023
Texas High Court: Subsequent Home Purchaser Must Arbitrate Mold Claims
AUSTIN, Texas — The Texas Supreme Court found that a subsequent purchaser of a home that allegedly suffers from mold damage is required to arbitrate against the home’s builder because the subsequent purchaser’s implied warranty claims arise from the contract for the home’s original sale, which contained an arbitration agreement.
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May 15, 2023
Without Established Standard Of Care, Claims Against Architect Are Dismissed
TOMS RIVER, N.J. — Professional negligence claims brought by two homeowners against an architectural firm that inspected a newly built foundation that was later deemed to be unsafe were dismissed by a New Jersey court because the homeowners’ expert failed to establish a proper standard of care to support the claims.
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May 15, 2023
Texas Panel: Evidence Doesn’t Support Homeowner’s Improper Repair Counterclaims
BEAUMONT, Texas — A homeowner who refused to pay a contractor for repairs made to his home in the wake of Hurricane Harvey failed to support his counterclaims for substandard repair against the contractor with sufficient evidence, a Texas appellate court panel found in reversing and remanding a trial court’s judgment in favor of the homeowner.
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May 12, 2023
In Landslide Case, Property Developers Seek Dismissal Of Claims Under Prior Order
PITTSBURGH — In a motion to amend, a property development company and one of its partners request that a ruling on summary judgment in which a Pennsylvania federal judge dismissed several claims arising from a landslide that damaged three new homes under the statute of repose be applied to them under the law of the case doctrine.
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May 11, 2023
In Failed Retaining Wall Dispute, Federal Judge Denies Motion For Reconsideration
BALTIMORE — A property owner who sought reconsideration of an order denying summary judgment for negligence claims brought by the purchaser of the property over the construction of a retaining wall failed to present new arguments or evidence regarding the claims, a Maryland federal judge found in denying reconsideration.
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May 11, 2023
Calif. Federal Judge: Builder Failed To Prove Damages In Default Judgment Motion
LOS ANGELES — In denying two separate motions for default judgment filed by a builder against subcontractors that failed to respond to pleadings arising from the alleged defective construction of a youth center, a California federal judge found that the builder failed to provide evidence of its alleged damages.
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May 10, 2023
Ky. Panel: Buyers Admitted Arbitration Provision In Home Warranty Was Enforceable
FRANKFORT, Ky. — A Kentucky appellate court panel overturned a trial court’s finding that an arbitration provision in a warranty for structural home defects was unenforceable because in their complaint against the home warranty administrator, the homeowners filed a demand for arbitration, which served as a judicial admission that the provision was enforceable.
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May 09, 2023
Before High Court, Homeowners Argue That Builder Twists State Supreme Court Ruling
WASHINGTON, D.C. — A homebuilder mischaracterizes a South Carolina Supreme Court ruling in an attempt to show that the state high court was biased against arbitration agreements in its petition for writ of certiorari filed in the U.S. Supreme Court, a group of homeowners who sued the builder for allegedly defective construction of their new homes argued in their brief in opposition to the petition.
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May 05, 2023
Property Owner Says Roofing Manufacturer Negligently Oversaw Installation Of Products
NEW ORLEANS — In their response to a motion to dismiss filed by a roofing manufacturer, a property owner and an operator of a nursing home argue that their negligence claim is not barred by the Louisiana Products Liability Act (LPLA) because the manufacturer’s own employees negligently oversaw the installation of roofing products that caused damage to the property during Hurricane Ida.
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May 03, 2023
Michigan Federal Judge: Owner Accepted Home By Moving In, Despite Alleged Defects
FLINT, Mich. — By moving into a new home that allegedly suffered from defects, a homeowner accepted the home as completed and cannot assert a counterclaim for breach of contract against the builder of the residence, a Michigan federal judge held in granting summary judgment in favor of the builder on the homeowner’s counterclaims.
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May 03, 2023
Connecticut Judge Grants Prejudgment Remedy For Failed HVAC System Installation
STAMFORD, Conn. — A Connecticut judge found that the evidence presented at a hearing established probable cause that judgment would be entered in favor of a homeowner who alleged that a contractor and its principal failed to properly install a heating, ventilating and air conditioning (HVAC) system in her home.
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May 02, 2023
Faulty Home Construction Case Stayed Pending Arbitration In Maryland Federal Court
BALTIMORE — After a group of homeowners agreed in their response to a developer’s motion to compel arbitration that the remaining construction defects claims between the parties should be arbitrated, a Maryland federal judge on May 1 granted the developer’s motion as well as the homeowners’ request to stay the case instead of dismissing it.
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May 02, 2023
Summary Judgment Granted In Dispute Over Pa. Homes Damaged By Landslide
PITTSBURGH — Disputes of material fact exist only regarding breach of contract and negligence claims brought by a homebuilder against two developers who worked on a housing development in which three homes were damaged by a landslide, a Pennsylvania federal judge found in granting partial summary judgment to the two developers while granting complete summary judgment to eight other parties involved with the project who were ultimately found not responsible for the landslide.
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May 01, 2023
Fla. Judge: Contract Between Contractor And Developer Contains Arbitration Clause
SARASOTA, Fla. — A Florida judge ordered a subcontractor to participate in arbitration proceedings to decide claims of defective construction brought by a condominium association against it and the project’s developer because the contract between the subcontractor and developer contained an enforceable arbitration agreement under Florida law.
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May 01, 2023
Fact Issues Remain As To Whether Prior Award Deterred Chinese Drywall Manufacturer
FORT MYERS, Fla. — Summary judgment is inappropriate on the issue of whether a Florida statute prohibits successive punitive damages awards against a manufacturer of defective Chinese drywall because it is unclear whether a confidential settlement was sufficient to deter the manufacturer’s behavior, a Florida federal judge found in partly granting the manufacturer’s motion for summary judgment in two cases brought by homeowners who were affected by the drywall.
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May 01, 2023
S.C. Panel: Contractor’s Design Claims Derived From Its Own Litigation Defense
CHARLESTON, S.C. — A trial court did not err in granting summary judgment to an architect on third-party claims of negligence and breach of warranty brought by a general contractor that alleges that the architect’s designs caused defects in the construction of a multiuse development project because the damages sought arose from the contractor’s own need to defend itself from claims brought by the project’s owner, a South Carolina appellate court panel held in affirming.
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April 28, 2023
La. Panel Affirms Damages Against Builder Who Abandoned Home Construction Project
NEW ORLEANS — A trial court properly awarded damages to a couple whose home suffered structural problems after a builder who agreed to renovate and construct an addition to the home abandoned the project before it was completed, a Louisiana appellate court panel found in affirming the damages award.
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April 27, 2023
California Panel Orders Retrial In Dispute Over Concrete Pour At School Site
LOS ANGELES — A jury instruction regarding responsibility for the completeness and accuracy of design plans on public works projects was erroneously given and requires the liability determination made by a jury to be retried, a California panel found, remanding the jury’s verdict, which said the Los Angeles Unified School District (LAUSD) provided incorrect design plans to a construction company that then poured a defective concrete foundation on the site of a new school.
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April 27, 2023
9th Circuit Affirms 2 Orders In Insulation And Mold Dispute
SAN FRANCISCO — In a consolidated appeal, a Ninth Circuit U.S. Court of Appeals panel affirmed two trial court orders, one denying a design firm’s motion for attorney fees and another denying both of a subcontractor’s motions for judgment as a matter of law (JMOL), both of which were filed after a jury found in favor of the firm on its allegations that the subcontractor improperly installed insulation on a property, which led to mold growth.
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April 26, 2023
Engineer Says Dismissal Of Negligent Miami Bridge Design Claims Was Proper
MIAMI — In response to a joint venture’s motion for reconsideration of the dismissal of negligence claims it brought against an engineer and his firm for the alleged negligent design of an $800 million bridge in Miami, the engineer argues that the issue of which statute of limitations should apply was fully briefed and considered by the Florida federal judge when dismissal was granted.
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April 24, 2023
Builder Appeals Judgment Awarding Costs And Fees To Homeowners To 3rd Circuit
PITTSBURGH — A homebuilder found by a jury to have engaged in fraudulent or deceptive conduct while defectively constructing a new home has appealed a Pennsylvania federal judge’s decision to award two homeowners attorney fees, expert fees and other costs under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) to the Third Circuit U.S. Court of Appeals.