Mealey's Construction Defects
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September 14, 2023
Alabama Federal Judge Orders Arbitration Of Model Home Construction Dispute
DOTHAN, Ala. — An Alabama federal judge granted a motion to compel arbitration filed by a model home manufacturer that was sued by a homeowner who says the home she purchased did not meet her specifications, finding that the homeowner consented to arbitration.
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September 14, 2023
Insured’s Hurricane Irma Claim Is Ripe For Appraisal, Florida Panel Affirms
WEST PALM BEACH, Fla. — A Florida appeals panel on Sept. 13 held that a homeowners association insured’s claim for roof damage caused by Hurricane Irma is ripe for appraisal because its commercial property insurer admitted coverage for the insured’s initial claim, affirming a lower court’s order staying the lawsuit and compelling appraisal.
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September 12, 2023
Alabama Federal Judge Partly Grants Summary Judgment In Chinese Drywall Case
MOBILE, Ala. — A manufacturer of defective Chinese-manufactured drywall is entitled to summary judgment on several claims brought by two homeowning couples who say the drywall damaged their homes because several claims fail as a matter of law, an Alabama federal judge found in partly granting the manufacturer’s motion for summary judgment.
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September 12, 2023
Pennsylvania Panel Affirms Dismissal Of Defective Home Construction Claims
HARRISBURG, Pa. — In two separate orders, a Pennsylvania panel found that a trial court properly applied the applicable statute of repose, applicable statute of limitations, economic loss doctrine and gist of the action doctrine in granting summary judgment in favor of a homebuilder and a window manufacturer that were sued by homeowners who say their home was defectively constructed.
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September 06, 2023
Texas High Court Denies Motion For Rehearing In Construction Arbitration Case
AUSTIN, Texas — The Texas Supreme Court denied a homeowner’s motion for rehearing regarding its finding that the homeowner, as the subsequent purchaser of a home that allegedly suffered from mold damage, is required to arbitrate its claims against the builder because the claims for breach of implied warranty arose from the home’s original sales contract, which contained an arbitration agreement.
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August 31, 2023
In Faulty Roofing Dispute, Kansas Federal Judge Keeps Documents Sealed
KANSAS CITY, Kan. — Nine provisionally sealed documents containing details about whether a shingles manufacturer failed to disclose problems related to its defective shingles and compensate property owners injured by the alleged defective shingles should remain sealed because they are either unnecessary or duplicative or contain confidential information, a Kansas federal judge found in partly granting the manufacturer’s motion to seal.
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August 30, 2023
Maryland Federal Judge Dismisses Failed Retaining Wall Claims With Prejudice
BALTIMORE — After two joint stipulations were filed stating that a settlement had been reached, a Maryland federal judge dismissed with prejudice claims between three companies arising from the allegedly defective construction of a retaining wall on a newly purchased property and released interlocutory liens placed on the property during litigation.
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August 29, 2023
Florida Federal Judge Terminates Certifying Agency From Brazilian Plywood Case
FORT LAUDERDALE, Fla. — A plywood certifying agency that was alleged by a coalition of American plywood manufacturers to have certified substandard Brazilian structural plywood as meeting U.S. standards was terminated Aug. 28 by a Florida federal judge from the case brought against it after filing a joint motion to dismiss with the coalition.
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August 29, 2023
In Colo. Casino Construction Dispute, Not All Counterclaims Have Limited Damages
DENVER — Not all counterclaims brought by the owners and operators of a casino who claim that a general contractor defectively constructed parts of their casino are subject to the actual damages limitations of Colorado’s Construction Defect Action Reform Act (CDARA) because some of the claims arise from the contractor’s alleged mismanagement of the project and not construction defects, a Colorado judge held in denying the contractor’s motion for a determination of law.
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August 24, 2023
In Leaking Roof Case, California Panel Says Arbitrator Did Not Exceed His Authority
SACRAMENTO, Calif. — An arbitrator did not exceed his authority in denying a roofing company’s request for damages for breach of contract because the award was authorized by the terms of the subcontract between the roofing company and a general contractor that refused to pay the company full price for its work on a building that experienced leaks, a California panel held in affirming a trial court judgment confirming the award.
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August 22, 2023
Texas Panel: Construction Defects Case Should Be Stayed In Favor Of Arbitration
AMARILLO, Texas — Litigation concerning allegedly defective construction performed at a condominium complex should be stayed pending parallel arbitration proceedings because a decision made in one proceeding could materially affect the other, a Seventh District Texas Court of Appeals panel found Aug. 21 in reversing a trial court’s denial of a motion to stay the litigation.
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August 22, 2023
Mich. Federal Judge Renders Final Judgment In Defective Home Construction Dispute
FLINT, Mich. — After a homebuilder dismissed its remaining claims with prejudice, a Michigan federal judge entered final judgment in its favor based on a summary judgment order in which the judge found that the homeowner cannot assert counterclaims for construction defects against the builder because he moved into a new home and therefore accepted its condition.
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August 21, 2023
N.C. Judge Dismisses Some Of Homeowners Associations’ Claims In Construction Case
WILMINGTON, N.C. — Claims of breach of contract brought against the developer of a planned community by its homeowners association fail because the association failed to identify which provisions of the community’s declaration were breached by the developer when it allegedly oversaw the defective construction of common areas, a North Carolina federal judge held in ruling on two separate motions to dismiss filed by the developer and former board members of the association.
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August 21, 2023
Louisiana Federal Judge Says 2 General Contractors Cannot Testify About Causation
LAKE CHARLES, La. — Two general contractors can testify about their field but not about what caused a sprinkler to become defective during the construction of a fitness club, a Louisiana federal judge found in partly granting a motion to exclude expert testimony filed by a subcontractor that installed the sprinkler and its insurer.
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August 16, 2023
Collateral Estoppel Does Not Bar Home Construction Claims, N.C. Panel Finds
RALEIGH, N.C. — Defective home construction claims brought by a homeowner against a real estate agent are not barred by collateral estoppel because similar claims resolved through arbitration against the homebuilder ultimately concerned different duties and obligations, despite the fact that the agent and the builder shared common agents, a North Carolina panel held Aug. 15 in affirming a trial court’s judgment denying the agent’s motion for summary judgment.
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August 10, 2023
In Construction Dispute, Agency Relationship Binds Party To Arbitration Agreement
TALLAHASSEE, Fla. — A company can be compelled to arbitrate even though it did not sign the contract for the sale of tiles used in a construction project that were allegedly defective because the project’s general contractor acted as the company’s agent when signing the contract with the tile manufacturer, a Florida appellate court panel found Aug. 9 in remanding a trial court’s decision.
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August 10, 2023
Minnesota Panel: Homeowner Can Recover Without Completion Of Construction
ST. PAUL, Minn. — A trial court did not err in finding that a homeowner is entitled to recover on a breach of implied warranty claim against a builder who defectively repaired portions of his home because the builder failed to support with persuasive authority its argument that substantial completion of the construction is necessary to support the claim, a Minnesota appellate court panel found in affirming the trial court’s decision, which was based on a jury special verdict form.
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August 04, 2023
Texas Panel: Summary Judgment Order In Construction Case Not A Final Judgment
CORPUS CHRISTI, Texas — A Texas panel on Aug. 3 found that it did not have appellate jurisdiction to review a trial court’s summary judgment order because the order did not dispose of all the claims brought by the owner of a gym that allegedly suffers from latent construction defects.
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August 03, 2023
Fla. Federal Judge: Roofing Contractor Seeks To Relitigate Issues Already Decided
FORT MYERS, Fla. — A Florida federal judge denied a motion for reconsideration filed by a roofing contractor that says roofing products it installed damaged two condominium properties because the motion was untimely and inappropriately sought reconsideration of an order dismissing claims from the contractor’s fourth amended complaint while a fifth amended complaint is currently operative.
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August 01, 2023
Magistrate Judge: Fees Not Available In Chinese Drywall Case With Appeal Pending
MIAMI — The manufacturers of allegedly defective Chinese drywall are not entitled to attorney fees from the homeowners who claim that they were harmed by the drywall because the case is on appeal in the 11th Circuit U.S. Court of Appeals over the issue of subject matter jurisdiction, a Florida federal magistrate judge opined in recommending that the manufacturers’ motion be stayed until the appeal is exhausted.
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July 31, 2023
Alabama Federal Judge Dismisses Structural Defects Dispute Following Settlement
OPELIKA, Ala. — After receiving notice from the parties that the matter had been settled, an Alabama federal judge dismissed with prejudice a negligence dispute between the owner of an apartment building that allegedly experienced structural defects and two engineering companies that designed the building.
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July 28, 2023
Florida Federal Judge Dismisses Chinese Drywall Case Following Stipulation
FORT LAUDERDALE, Fla. — Following a joint stipulation of dismissal filed by the parties, a Florida federal judge dismissed with prejudice an action between a group of homeowners whose homes and personal health were allegedly affected by defective Chinese-manufactured drywall and the companies who advertised, sold and manufactured the drywall.
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July 27, 2023
Louisiana Federal Judge Denies Motion To Dismiss Negligent Roofing Installation Claim
NEW ORLEANS — The owner of a commercial property and the operator of a nursing home on that property sufficiently alleged that a roofing manufacturer is vicariously liable for its employee’s allegedly negligent installation of roofing materials that damaged the nursing home and surrounding property during Hurricane Ida, a Louisiana federal judge held in denying the manufacturer’s motion to dismiss the plaintiffs’ negligence claim.
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July 26, 2023
Pa. Federal Judge Resolves 10 Motions In Limine Over Homes Damaged By Landslide
PITTSBURGH — In an omnibus order, a Pennsylvania federal judge resolved 10 motions in limine filed by a plaintiff-homebuilder and a defendant-property developer that sought to preclude evidence, arguments and defenses relating to three newly constructed homes that were damaged by a landslide.
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July 25, 2023
In Construction Row, Mass. Federal Judge Says Builder Didn’t Allege Duty To Defend
BOSTON — A construction company is not entitled to summary judgment on its breach of contractual duty to defend claims because it failed to raise the claims in its third-party complaint brought against subcontractors who are allegedly responsible for their portion of the defective construction of a 150-unit condominium complex for which the company was sued, a Massachusetts federal judge found in denying the company’s motion for partial summary judgment.