Mealey's Construction Defects

  • March 12, 2024

    Utah High Court: Trial Court Applied Correct Interest Rate In Construction Case

    SALT LAKE CITY — A trial court did not err in applying Utah’s post-judgment interest rate when domesticating a judgment from a Hawaii court based on an arbitration award resolving a construction defects dispute because post-judgment interest is a procedural enforcement mechanism governed by Utah law, the Utah Supreme Court found in affirming the trial court’s judgment.

  • March 11, 2024

    Chicago Settles Case Against Rehab Companies, Creates Fund For Affected Homeowners

    CHICAGO — Chicago has resolved claims it filed in Illinois state court against two construction companies that purportedly performed 150 home rehabilitations projects in the city without proper permits and established a restitution fund for homeowners to remediate construction defects in homes where the companies worked.

  • March 11, 2024

    Following Settlement, Maryland Federal Judge Dismisses Failed Retaining Wall Case

    BALTIMORE — After the parties submitted to a settlement conference following several days of a bench trial, a Maryland federal judge dismissed with prejudice claims arising from the allegedly defective construction of a retaining wall on a newly purchased property.

  • March 06, 2024

    Ga. Panel: Jurisdiction Over Window Manufacturer In Construction Row Is Proper

    ATLANTA — A trial court did not err in denying a window manufacturer’s motion to open default based on lack of personal jurisdiction because the manufacturer performed business in Georgia by using an agent in the state that allegedly failed to properly install the manufacturer’s windows during a home renovation project, a Georgia appeals panel found in affirming the trial court’s judgment in part.

  • March 06, 2024

    Right To Arbitrate Roofing Claims Was Not Waived, Ohio Panel Concludes

    CLEVELAND — The owner and principal of a company did not waive his right to arbitrate claims arising from the construction of a roof that was later damaged by filing suit against the roofer through his company before filing a second lawsuit because he did so in order to enforce an arbitration clause in the contract between the parties that did not identify the company, an Ohio appeals court panel found in affirming a trial court’s judgment.

  • March 01, 2024

    9th Circuit Stays Construction Appeal In Light Of Pending Rule 54 Motion

    RENO, Nev. — The Ninth Circuit U.S. Court of Appeals stayed an appeal in which a builder that allegedly failed to properly construct a large distribution center asks whether a Nevada federal court erred in finding that the builder’s cross-claims for indemnification and contribution against a subcontractor that worked on the project were time-barred, saying the builder’s motion to certify the ruling as a final judgment is pending in the trial court.

  • February 28, 2024

    Florida Panel: Credit Agreement Did Not Negate Certain Construction Claims

    WEST PALM BEACH, Fla. — Third-party claims for breach of implied contract and negligence brought by a general contractor against a subcontractor that both worked on an allegedly defective home construction project were not negated by the terms of a credit agreement signed by the two parties because the credit agreement did not apply to the parties’ implied contract and the general contractor pleaded alternative forms of duty, a Florida appeals court panel found in partly reversing a trial court’s decision to grant the subcontractor’s motion to dismiss.

  • February 22, 2024

    Magistrate: Lead Case Against The Presidio Not Barred By Federal Tort Claims Act

    SAN FRANCISCO — A federal magistrate judge in California has denied a motion to dismiss a lawsuit for lead-paint poisoning brought by tenants who rent a home in the Presidio, a federal enclave administered by the Presidio Trust, ruling that the claims are not barred by the Federal Tort Claims Act (FTCA).  However, the magistrate judge dismissed claims for punitive damages and claims against one of the contractors for emotional distress and nuisance, ruling that they were duplicative of other claims.

  • February 22, 2024

    West Virginia Federal Judge Dismisses Roofing Repair Dispute After Settlement

    HUNTINGTON, W.Va. — After the parties filed a proposed agreed order of dismissal, a West Virginia federal judge dismissed with prejudice claims arising from allegedly defective roof repair work performed by a roofer on a company’s office building.

  • February 22, 2024

    Texas Panel: Builder Did Not Waive Right To Arbitrate Construction Defects Claims

    CORPUS CHRISTI, Texas — A builder did not waive its right to arbitrate by failing to set a hearing for its motion to compel arbitration of construction defects claims for almost two years because the builder’s litigation conduct did not clearly demonstrate that it intended to waive any right, a Texas panel found in reversing a trial court’s judgment.

  • February 22, 2024

    Homeowner Awarded Nearly $300,000 After Contractor’s Default In Connecticut Court

    NEW HAVEN, Conn. — A homeowner is entitled to nearly $300,000 in damages, punitive damages, costs and attorney fees after a contractor defaulted on claims brought against it for defective repairs and renovations performed on a home that was damaged by a tornado.

  • February 21, 2024

    Questions Of Fact Exist About Termination Of Construction Contract, Conn. Judge Says

    STAMFORD, Conn. — A builder that allegedly performed defective construction work at a new home is not entitled to summary judgment on the claims brought against it by the homeowner because questions of fact exist about whether the builder should have been given an opportunity to cure the defects before the contract between the parties was terminated and more, a Connecticut judge found in denying the builder’s motion for summary judgment.

  • February 21, 2024

    In Construction Row, Calif. Panel Won’t Disrupt Jury Findings On Limitations Period

    SAN FRANCISCO — The evidentiary record did not fail to support a jury’s findings that construction defects claims arising from alleged water intrusion at an apartment complex are time-barred by the applicable 10-year statute of limitations, a California panel found in affirming a trial court’s judgment.

  • February 21, 2024

    Owner Of 43-Story Boston Building Files Suit Over Plumbing Systems Defects

    BOSTON — The owner of a new 43-story skyscraper in Boston known as One Congress has sued two companies in Massachusetts state court, alleging that they failed to properly design plumbing and high-pressure water systems within the building, which caused construction delays and other damages.

  • February 21, 2024

    Pennsylvania Federal Judge: Man Lacks Standing To Bring Defective Lumber Claims

    PITTSBURGH — A man who claims that a lumber company failed to adequately dry lumber before delivering it to a new home construction site does not have prudential standing to assert his claims because he does not own the property on which the home was built, a Pennsylvania federal judge found in granting the lumber company’s motion for summary judgment.

  • February 16, 2024

    Fla. Federal Judge Transfers Construction Defects Claims To Maryland District Court

    ORLANDO, Fla. — Pursuant to a forum selection clause signed by the two parties, a Florida federal judge transferred claims brought by a hotel developer against an architecture firm arising from allegedly defective construction at a new luxury hotel because the developer failed to raise any substantive arguments against the transfer.

  • February 13, 2024

    Pennsylvania Panel: Court Erred In Dismissing Construction Claims Over Party Name

    HARRISBURG, Pa. — A trial court erred in dismissing construction defects claims arising from an allegedly leaky building based on the property owner’s attempt to amend its complaint to correctly name itself in the case caption because the defendant builders would not be prejudiced by such an amendment, a Pennsylvania appellate court panel found in vacating and reversing the trial court’s judgment.

  • February 12, 2024

    Construction Subcontractor Failed To Plead False Claims Act Violations, Judge Says

    PHILADELPHIA — A subcontractor that was fired from a project to build a school at a Marine Corps base failed to state any False Claims Act (FCA) claims against the project’s general contractor because the subcontractor failed to show that the government was not aware of the contractor’s allegedly defective work when it issued payments to the contractor.

  • February 12, 2024

    Homeowner Fails To Secure Fees From Ohio Panel In Pool Construction Dispute

    AKRON, Ohio — A homeowner who reached a settlement with a construction company and its contractors for the alleged defective construction of an inground pool and related features is not entitled to attorney fees incurred in filing a motion to enforce the settlement agreement because the homeowner failed to show that the defendants acted in bad faith, an Ohio appeals court panel found in affirming a trial court’s judgment.

  • February 07, 2024

    New York Justice Dismisses Claims, Denies Motion To Amend In Construction Dispute

    NEW YORK — A New York justice dismissed claims of fraud, negligence, gross negligence and more in disposing of four motions to dismiss filed by designers of a construction project that was allegedly mismanaged, causing damage to a neighboring building.

  • February 06, 2024

    Following Stipulation, 6th Circuit Dismisses Home Construction Dispute

    CINCINNATI — Following a stipulation filed by a homeowner and a builder, the Sixth Circuit U.S. Court of Appeals dismissed an appeal filed by the homeowner over a final judgment in favor of the builder based on a summary judgment order in which a trial court found that the homeowner could not assert counterclaims for construction defects against the builder because he moved into a new home and therefore accepted its condition.

  • January 31, 2024

    Montana High Court: Text Messages Properly Settled Home Construction Claims

    HELENA, Mont. — A homeowning couple must finalize a settlement agreement resolving construction defects claims arising from allegedly defective remodeling of their home because text messages between one of the homeowners and the brother of the general contractor that performed the work constituted a valid settlement agreement that satisfied the statute of frauds, the majority of the Montana Supreme Court found Jan. 30 in affirming a trial court’s judgment.

  • January 31, 2024

    Oklahoma Federal Judge: Homeowners Can Add New Claims, But Not Defendants

    MUSKOGEE, Okla. — Three homeowners who purchased allegedly defective manufactured homes from the same builder can add new claims for negligence, negligence per se and a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) but cannot add new defendants because the requirements of necessary and permissive joinder are not met, an Oklahoma federal judge found in adopting a magistrate judge’s report and recommendation.

  • January 31, 2024

    California Panel Says Homeowner’s Online Posts Against Contractor Are Not Protected

    LOS ANGELES — A homeowner’s online posts criticizing repair work performed by a general contractor are not protected by litigation privilege because the posts had no substantial relationship to any litigation, a California panel found in affirming the trial court’s decision to deny the homeowner’s motion to strike the contractor’s complaint for libel.

  • January 31, 2024

    In Utah, Developer Sues Builder For Poor Construction Of Residential Project

    OGDEN, Utah — In Utah state court, a real estate developer alleges that a now-defunct construction company failed to properly build two residential buildings and violated applicable building codes by failing to use correct lumber, among other issues.

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