Mealey's Construction Defects

  • October 17, 2017

    Woman: Class’s Claims Against Home Sellers, Contractor Identical To State Suit

    BEAUFORT, S.C. — A woman seeking to represent a proposed class of homeowners claiming that a general contractor, Del Webb Communities Inc., and Pulte Homes Inc. are liable for damages stemming from improperly installed stucco says in an Oct. 13 motion filed in South Carolina federal court that her class should be certified because it is identical to a class that was certified in state court (Jacqueline L. Craft v. South Carolina State Plastering, LLC, et al., No. 15-cv-5080-PMD, D. S.C.).

  • October 13, 2017

    Judge Dismisses Class Action Over Dimensional Lumber Measurements

    CHICAGO — A federal judge in Illinois on Sept. 29 dismissed with prejudice a class action claiming that the home improvement store Menard Inc. violated the Illinois Consumer Fraud Act (ICFA) when selling dimensional lumber that was not the size listed on the label, finding that while the plaintiffs had standing, the labels were not misleading because they do not have inch-mark symbols (Michael Fuchs, et al. v. Menard, Inc., No. 17-01752, N.D. Ill., 2017 U.S. Dist. LEXIS 160336).

  • October 12, 2017

    Common Areas Are Not Subject To Defects Law, Nevada High Court Says

    LAS VEGAS — A Nevada Supreme Court panel on Sept. 29 upheld a trial court judge’s ruling that a home builder cannot pursue construction defect claims against a company that installed concrete slabs and common areas in an RV lot because the slabs and buildings were not structures intended for habitation (KB Home Nevada Inc. v. Dunrite Construction, Inc., et al., Nos. 68343, 68449, Nev. Sup., 2017 Nev. LEXIS 813).

  • October 12, 2017

    Panel: Judge Did Not Err In Ordering Installer To Replace, Not Repair, Windows

    HARRISBURG, Pa. — A Pennsylvania trial court judge did not err in awarding $67,420.25 in damages to a property owner for water intrusion caused by improperly installed windows, a state appeals panel ruled Oct. 10, holding that expert testimony supported the finding that replacing the windows rather than repairing them was the most appropriate remedy (700 EBA, LLC v. Weaver’s Glass & Building Specialties, Inc., No. 1868 MDA 2016, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 3728).

  • October 11, 2017

    Association Can Represent Subsequent Buyers In Construction Defects Suit

    LAS VEGAS — A homeowners’ association has standing to represent subsequent buyers of condominiums that allegedly contain construction defects, but not sellers of the units, the en banc Nevada Supreme Court ruled Sept. 27 (High Noon at Arlington Ranch Homeowners Association v. Eighth Judicial District Court of the State of Nevada, In and For County of Clark, et al., No. 65456, Nev. Sup., 2017 Nev. LEXIS 96).

  • October 11, 2017

    Texas Appeals Court Says Statute Of Repose Bars Suit Over Retaining Wall

    DALLAS — The builder of an allegedly defective retaining wall did not have the burden of showing that it did not engage in any willful misconduct that would prevent the application of the state’s 10-year statute of repose, a Texas appeals panel ruled Oct. 9 in affirming the builder’s summary judgment award (Charles Brooks v. CalAtlantic Homes of Texas, Inc., et al., No. 05-16-01203-CV, Texas App., 5th Dist., 2017 Texas App. LEXIS 9466).

  • October 10, 2017

    Window Sealant Maker Ordered By Judge To Produce Complaints About Malfunctions

    RUTLAND, Vt. — The manufacturer of an allegedly defective window sealant was ordered by a federal judge in Vermont on Oct. 6 to produce complaints the company received about the sealant dripping onto window panes or spreading from its intended location for an 11-year period (H. Hirschmann, Ltd. v. Green Mountain Glass, LLC, et al., No. 15-cv-00034, D. Vt.).

  • October 5, 2017

    Judge Dismisses Woman’s Suit Against Attorneys Who Represented Contractors

    TACOMA, Wash. — A federal judge in Washington on Sept. 22 dismissed with prejudice a woman’s lawsuit accusing two attorneys who represented contractors in a previously disposed of construct defects suit of violating the Washington Rules of Professional Conduct (RPC) and dismissed the action, finding that her claims are barred by the U.S. Supreme Court’s rulings in Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923), and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983), collectively known as the Rooker-Feldman doctrine (Nina M. Firey v. Lewis County, et al., No. C17-5473RBL, W.D. Wash., 2017 U.S. Dist. LEXIS 155475).

  • October 5, 2017

    4 Florida Couples Sue Home Builder Over Damage Caused By Stucco

    GREEN COVE SPRINGS, Fla. — Four Florida couples sued KB Home and its subsidiaries in state court on Sept. 26, contending that the builder’s improper installation of stucco on their homes violated the Florida Building Code and led to water intrusion that caused damage (Jonathan Siegers, et al. v. KB Home, et al., No. 2017-CA-00954, Fla. Cir., Clay Co.).

  • October 5, 2017

    University Of Central Florida Sues Builders, Designer Over Stadium Defects

    ORLANDO, Fla. — The University of Central Florida Board of Trustees on Sept. 1 sued the architects, designers and builders of Spectrum Stadium, where the college’s football team plays, in Florida state court over defects in the construction of the stadium that have caused the premature wear of steel framing (Golden Knights Corporation, et al. v. Wharton-Smith, Inc., et al., No. 2017-CA-008259, Fla. Cir., Orange Co.).

  • October 4, 2017

    Pennsylvania Appeals Court: Couple Entitled To More Attorney Fees In Defects Suit

    PHILADELPHIA — A couple who prevailed on their claims that their home builder was liable for defects in the construction of their home that caused water intrusion and property damage and for violation of Pennsylvania’s Unfair Trade Practice and Consumer Protection Law (UPTCPL) are entitled to a greater award of attorney fees, a Pennsylvania appeals panel ruled Oct. 2, after finding that the trial court judge erred when reducing the amount based on a contingency agreement the plaintiffs had with their attorney (Arun Krishnan, et al. v. The Cutler Group, Inc., Nos. 2614 EDA 2016, 2745 EDA 2016, 2613 EDA 2016, 2828 EDA 2016, Pa. Super., 2017 Pa. Super. LEXIS 766).

  • September 28, 2017

    Women Say Home Builder, Contractors Improperly Installed Stucco

    GREEN COVE SPRINGS, Fla.  — Two women sued KB Home and its subsidiaries in Florida state court on Sept. 22, claiming that the builder’s improper installation of stucco on their home resulted in water intrusion that led to damage (Christine Floyd, et al. v. KB Home, et al., No. 2017-CA-00950, Fla. Cir., Clay Co.).

  • September 28, 2017

    Couples Say ‘As Is’ Sale Does Not Shield Home Builder From Liability

    ORLANDO, Fla. — Two couples whose as-is purchase of homes with allegedly defective stucco does not shield the builder from liability, the plaintiffs say in opposition to Pulte Home Corp.’s motion for summary judgment, because the company can still be held liable for violating the Florida Building Code (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.).

  • September 26, 2017

    Magistrate Judge Says Homeowners Need Not Attend Mediation With Builder

    LAS VEGAS — Homeowners accusing D.R. Horton Inc. of construction defects in 103 homes are not required to attend mediation with the home builder, a federal magistrate judge in Nevada ruled Sept. 25, finding that an earlier decision conditionally certifying a class for discovery purposes gave the homeowners association standing to represent the individuals (Azure Manor/Rancho de Paz Homeowners Association v. D.R. Horton, Inc., No. 14-cv-002222, D. Nev., 2017 U.S. Dist. LEXIS 156223).

  • September 26, 2017

    Judge Dismisses Pair Accused Of Breaching Construction Contract

    JEFFERSON CITY, Mo. — A federal judge in Missouri on Sept. 21 dismissed with prejudice a claim for breach of contract asserted against the owners of a general contracting business, finding that they were not parties to the agreement (Robert A. Myers, et al. v. KNS Development Corp., et al., No. 17-cv-04076-NKL, W.D. Mo., 2017 U.S. Dist. LEXIS 153738).

  • September 20, 2017

    Appeals Court Says Pending Action Doctrine Did Not Bar Homeowners’ Counterclaims

    HARTFORD, Conn. — A Connecticut appeals panel on Sept. 12 found that a homeowner’s counterclaims for breach of contract and violations of the Connecticut Unfair Trade Practices Act and New Home Construction Contractors Act were not barred by the pending action doctrine, holding that the other action did not involve the same parties or claims (Luongo Construction & Development, LLC v. James MacFarlane, No AC 38185, Conn. App., 2017 Conn. App. LEXIS 368).

  • September 20, 2017

    South Carolina County Sues Contractor Over Defects At Courthouse Building

    ST. GEORGE, S.C. — A South Carolina county on Sept. 7 sued a contractor and an insurance company in state court, claiming that defects in the construction of $10.1 million courthouse resulted in damage caused by water infiltration and moisture (County of Dorchester v. LCM Contractors, Inc., et al., No. 2017-CP-18-1480, S.C. Comm. Pls., Dorchester Co.).

  • September 20, 2017

    Pennsylvania Supreme Court To Determine If Defects Claims Should Be Retried

    HARRISBURG, Pa. — The Pennsylvania Supreme Court on Sept. 11 agreed to address how an appellate panel should review a ruling in a construction defects lawsuit where the judge presiding over a bench trial retired and no other judge could prepare a supplemental opinion to explain his ruling (Leo Dolan Jr. v. Hurd Millwork Company Inc., et al., No. 51 MAP 2017, Pa. Sup.).

  • September 18, 2017

    Use Of Unlicensed Contractor Resulted In Damages, California Appeals Court Finds

    LOS ANGELES — A California appellate panel on Sept. 11 affirmed a lower court’s decision to award damages to a woman who purchased a home laden with construction defects that resulted from the hiring of an unlicensed contractor, finding that the seller’s failure to disclose the information resulted in damages (Josefina Posada v. Stone Steps Properties, LLC, et al., Nos. B271664, B277933, Calif. App., 2nd Dist., 5th Div., 2017 Calif. App. Unpub. LEXIS 6270).

  • September 15, 2017

    New Jersey Supreme Court Reverses Ruling Finding Defects Suit Timely

    TRENTON, N.J. — The New Jersey Supreme Court on Sept. 14 overturned an appeals court’s ruling reinstating a condominium association’s construction defects lawsuit, holding that it is unclear when the statute of limitations began to run on the association’s lawsuits against a general contractor and three subcontractors and that the limitations period does not restart every time a property changes hands (The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., Nos. A-101/102/103/104 September Term 2015, 077249, N.J. Sup., 2017 N.J. LEXIS 845).