Mealey's Construction Defects

  • April 26, 2017

    Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils

    LOS ANGELES — Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court of Appeals to review a ruling dismissing their lawsuit (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.).

  • April 25, 2017

    MDL Judge Says Court Has Jurisdiction Over China-Based Drywall Makers

    NEW ORLEANS — The federal judge presiding over lawsuits claiming that drywall manufactured in China and installed in their homes is defective because it causes corroding of copper pipes and electrical wires ruled April 21 that homeowners can pursue claims against companies based in that country because the court has jurisdiction over their claims (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2407, E.D. La., 2017 U.S. Dist. LEXIS 60914).

  • April 25, 2017

    Judge: Expert Unqualified To Testify On Dewatering Industry’s Standard Practices

    OMAHA, Neb. — A proposed expert who planned to testify on the standard of care for dewatering companies in Council Bluffs, Iowa, is unqualified to offer his opinion in support of claims brought by a construction company, a federal judge in Nebraska ruled April 20, finding that the man only worked for the company that was subsequently hired by the plaintiff  company to provide dewatering services for a construction site (Judds Brothers Construction Co. v. Mersino Dewatering, Inc., No. 16CV1, D. Neb., 2017 U.S. Dist. LEXIS 60367).

  • April 25, 2017

    Chinese Drywall MDL Judge Adopts Formula To Calculate Remediation Damages

    NEW ORLEANS — The federal judge in Louisiana overseeing litigation stemming from defective drywall manufactured in China on April 21 adopted an expert’s formula that states that class members should receive $86 per square foot to remediate damage to their homes’ electrical and plumbing systems that resulted from the use of the building material that was made by Taishan Gypsum Co. Ltd. and other China-based companies (In re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2407, E.D. La., 2017 U.S. Dist. LEXIS 60911).

  • April 24, 2017

    Nevada High Court: Stays Did Not Warrant Dismissal Of Suit Against Builder

    CARSON CITY, Nev. — A trial court judge in Nevada erred when finding that two stays entered during the course of a homeowners association’s lawsuit against a home builder over alleged construction defects warranted dismissal of the action for want of prosecution, a Nevada Supreme Court panel ruled March 30 (High Sierra Ranch Homes Owners Association v. Richard Joseph and Company, No. 68945, Nev. Sup., 2017 Nev. Unpub. LEXIS 222).

  • April 24, 2017

    Judge: ‘As Is’ Clause Does Not Bar Buyers’ Suit Over Defective Grading

    HONOLULU — A couple who purchased a lot of land that cannot be built upon due to excessive grading that was done without the proper permits and inadequate fill can pursue a claim for breach of contract against the seller, a federal judge in Hawaii ruled April 5, ruling that the plaintiffs’ allegations for the claim were sufficient (Thorin J. Lindstrom, et al. v. Moffett Properties, et al., No. 16-00079, D. Hawaii, 2017 U.S. Dist. LEXIS 52762).

  • April 21, 2017

    Couple, Sears Home Improvement Settle Suit Over Improper Roof Installation

    NEW ORLEANS — A federal judge in Louisiana on April 7 dismissed a couple’s lawsuit accusing Sears Home Improvement Products Inc. (SHIP) of hiring a contractor that improperly installed a new roof on their home after learning that the parties had settled the lawsuit (Anthony Coleman, et al. v. Sears Home Improvement Products, Inc., No. 16-2537, E.D. La.).

  • April 19, 2017

    Appeals Court Reinstates Association’s Warranty Claim Against Developer

    MINNEAPOLIS — An appellate court panel in Minnesota on April 17 overturned a trial court judge’s ruling finding that a building association’s breach of express warranty claim arising from water intrusion caused by a lack of proper caulking was untimely, ruling that the judge applied the wrong statute of limitations period (Town Center Office Plaza Association, Inc. v. Carlson Real Estate Ventures, LLC, et al., No. A16-1230, Minn. App., 2017 Minn. App. Unpub. LEXIS 349).

  • April 18, 2017

    Lack Of Commonality Dooms Proposed Class Of Pulte Homeowners, Judge Rules

    ORLANDO, Fla. — A proposed class of homeowners claiming that Pulte Home Corp. improperly installed stucco on their homes in violation of the Florida Building Code was denied certification by a federal judge in Florida on April 11, after the judge found that the class failed to satisfy Federal Rule of Civil Procedure 23’s commonality and ascertainability requirements (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla., 2017 U.S. Dist. LEXIS 55031).

  • April 18, 2017

    Colorado High Court Says Privity Needed For Homeowner To Sue Developer

    DENVER — The Colorado Supreme Court on April 17 ruled that a homeowner who claims that his basement is uninhabitable due to water in his basement cannot pursue a claim against the developer for breach of the implied warranty of suitability, finding that the homeowner did not have privity to a contract between the developer and the home builder (Forest City Stapleton Inc. v. Tad S. Rogers, No. 15SC1089, Colo. Sup., 2017 Colo. LEXIS 281).

  • April 18, 2017

    Florida Appeals Court Reinstates Homeowner’s Defects Suit Against Builder

    DAYTONA BEACH, Fla. — A homeowner’s construction defects lawsuit against the builder of his home was reinstated by a Florida appeals panel on April 13; the court found that the action was not barred by the 10-year statute of repose (Timothy Busch v. Lennar Homes, LLC, No. 5D16-1626, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 5106).

  • April 6, 2017

    Couple’s Contract, Negligence Claims Over Defective Roof Survive Dismissal

    NEW ORLEANS — A federal judge in Louisiana on March 21 ruled that a couple sufficiently stated claims for breach of contract and negligence for a roof they claim was defectively installed by a contractor hired by Sears Home Improvement Products Inc. (SHIP) and allowed them to amend their allegations for redhibition, fraud and negligent misrepresentation (Anthony Coleman, et al. v. Sears Home Improvement Products, Inc., No. 16-2537, E.D. La., 2017 U.S. Dist. LEXIS 40961).

  • April 6, 2017

    Woman Sues Home Builder, Says Faulty HVAC System Caused Mold Growth

    GALVESTON, Texas — A woman sued a home builder and its sales and marketing firm in Texas state court on March 1, claiming that defects in the heating, ventilation and air conditioning (HVAC) unit have caused mold growth (Kara Whiteley v. Lennar Homes of Texas, Ltd., et al., No. 17-CV-0253, Texas Dist., Galveston Co.).

  • April 4, 2017

    Appeals Court Affirms Dismissal Of Contractor’s Third-Party Claims Against LLC

    CHICAGO — A general contractor’s third-party lawsuit against a subcontractor that allegedly failed to properly install steel beams and ornamental steelwork was properly dismissed by a trial court judge, an Illinois appeals panel ruled March 31, after finding that the defendant LLC was not a mere continuation of a defendant corporation (The Groves of Palatine Condominium Association v. Walsh Construction Company, No. 1-16-1035, Ill. App., 1st Dist., 5th Div., 2017 Ill. App. LEXIS 204).

  • April 3, 2017

    Fluidmaster MDL Judge Denies Class Certification, Limits Experts’ Testimony

    CHICAGO — The federal judge in Illinois presiding over litigation over allegedly defective connector nuts in plumbing hoses manufactured by Fluidmaster Inc. on March 31 denied certification of a nationwide class and a number of subclasses, finding that they failed to satisfy the requirements of Federal Rule of Civil Procedure 23, and limited the testimony proffered by experts on both sides (In re: Fluidmaster, Inc., Water Connector Components Products Liability Litigation, MDL 2575, No. 14-cv-5696, N.D. Ill., 2017 U.S. Dist. LEXIS 48792).

  • April 3, 2017

    Majority Of Proposed Class’s Claims Against Window Maker Dismissed By Federal Judge

    MINNEAPOLIS — A federal judge in Minnesota on March 29 dismissed a majority of claims asserted by a putative class of consumers of two-pane inert glass unit (IGU) windows against the manufacturer, finding that the plaintiffs only sufficiently stated claims for breach of implied warranty of merchantability and breach of implied warranty based on course of dealing/usage of trade (Cheryl Luckey, et al. v. Alside, Inc., et al., No. 15-2512, D. Minn., 2017 U.S. Dist. LEXIS 47750).

  • March 31, 2017

    Illinois Appeals Panel: Association’s Email Did Not Trigger Mediation Provision

    CHICAGO — A 2010 email from counsel for a condominium association to the president of its initial board of directors did not trigger a provision in the declaration of condominium ownership requiring that allegations of construction defects that lead to water intrusion go to mediation, an Illinois appellate panel ruled March 24 in reinstating the association’s claims (Siena at Old Orchard Condominium Association, et al. v. Siena at Old Orchard, LLC, et al., No. 1-15-1846, Ill. App., 1st Dist., 5th Div., 2017 Ill. App. LEXIS 188).

  • March 30, 2017

    Judge Allows Couple To Name Contractor As A Defendant In Deadly Defects Suit

    TAMPA, Fla. — A couple can amend a lawsuit claiming that defects in the construction of their home allowed for mold growth that led to the death of their daughter to include the general contractor who built the home, a federal judge in Florida ruled March 28 (Rohan B. Goldson, et al. v. KB Home, et al., No. 17-cv-340-T-24 AEP, M.D. Fla.).

  • March 30, 2017

    Judge Denies Certification Of Class Over Defective Shingles, Strikes Some Experts

    TRENTON, N.J. — A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).

  • March 29, 2017

    Woman Can Pursue Contract Claim Against Roof Installer, New York Federal Judge Says

    WHITE PLAINS, N.Y. — A woman who claims that a roofing subcontractor defectively installed the roof on her home that eventually needed to be replaced can pursue a cause of action for breach of contract but cannot assert claims for unjust enrichment and attorney fees, a federal judge in New York ruled March 24 (Debra Rothberg v. Phil’s Main Roofing, LLC, No. 14-cv-10095, S.D. N.Y., 2017 U.S. Dist. LEXIS 44839).