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Mealey's Construction Defects

  • September 5, 2018

    Man Voluntarily Dismisses Suit Against Shingle Maker Over Alleged Defects

    EAST ST. LOUIS, Ill. — A homeowner who claimed that roofing shingles made by Tamko Building Products Inc. cracked and fell apart prematurely on Aug. 31 voluntarily dismissed a class action lawsuit he brought against the company in Illinois federal court, months after a federal judge found that a request for class certification was moot due to a lack of plaintiffs with live claims (Richard Disher, et al. v. Tamko Building Products Inc., et al., No. 14-cv-00740, S.D. Ill.).

  • September 4, 2018

    Divided Massachusetts High Court Upholds Dismissal Of Faulty Wiring Suit

    BOSTON — A woman’s 2016 lawsuit claiming that the installation of faulty wiring by a subcontractor in 2001 caused a fire at her home in 2012 was properly dismissed by a trial court judge as untimely, a 4-3 Supreme Judicial Court of Massachusetts ruled Aug. 29, finding that the woman’s claim under Massachusetts’ Consumer Protection Law was “sufficiently tort like” and, thus, subject to the six-year statute of repose (Terry Bridgwood v. A.J. Wood Construction Inc., et al., No. SJC-12352, Mass. Sup., 2018 Mass. LEXIS 561).

  • September 4, 2018

    Roof Coating Maker Awarded Summary Judgment On Contractor’s Warranty Claims

    LEXINGTON, Ky. — The maker of an acrylic roof coating was awarded summary judgment on Aug. 30 by a federal judge in Kentucky after he found that a roofing contractor was unable to show that the manufacturer breached any warranty for the product regarding its inability to fully match the color of the existing coating as well as its specifications for the purpose of the project (Duke’s Roofing & Exterior Construction LLC v. Lexis Coatings LLC, No. 16-CV-432, E.D. Ky., 2018 U.S. Dist. LEXIS 148134).

  • September 4, 2018

    Roof Coating Maker Awarded Summary Judgment On Contractor’s Warranty Claims

    LEXINGTON, Ky. — The maker of an acrylic roof coating was awarded summary judgment on Aug. 30 by a federal judge in Kentucky after he found that a roofing contractor was unable to show that the manufacturer breached any warranty for the product regarding its inability to fully match the color of the existing coating as well as its specifications for the purpose of the project (Duke’s Roofing & Exterior Construction LLC v. Lexis Coatings LLC, No. 16-CV-432, E.D. Ky., 2018 U.S. Dist. LEXIS 148134).

  • August 30, 2018

    Man Sues Hurricane-Impact Windows, Door Maker, Installer Over Water Intrusion

    MIAMI— A man filed a lawsuit against a contractor hired to install hurricane-impact doors and windows and the maker of the products in Florida state court on Aug. 23, contending that the contractor breached the terms of their agreement and that the windows and doors were defective because they allowed water intrusion (Rafael P. Perez v. R.J.S. Consultants Inc., et al., No. 2018-028857-CA-01, Fla. Cir., Miami-Dade Co.).

  • August 30, 2018

    Couple’s Expert On Damages From Stucco Was Unreliable, Appeals Panel Says

    HARRIBURG, Pa. — A Pennsylvania appeals panel on Aug. 29 upheld a home builder’s summary judgment award, finding that the testimony of a couple’s expert on liability and damages from improperly installed stucco was unreliable because it was based only on the reports of experts (Du Phung, et al. v. The Cutler Group Inc., No. 621 EDA 2017, Pa. Super., 2018 Pa. Super. Unpub. LEXIS 3195).

  • August 29, 2018

    Judge Refuses To Remand Homeowners’ Suit Over Defective Slab Foundations

    RENO, Nev. — The amounts listed in prelitigation settlement demands submitted by homeowners to Lennar Reno LLC can be used to establish that the amount in controversy exceeds $75,000, a federal judge in Nevada ruled Aug. 27 in denying the plaintiffs’ motion to remand (William Kraus, et al. v. Lennar Reno LLC, et al., No. 18-cv-00120-MMD-WGC, D. Nev., 2018 U.S. Dist. LEXIS 145006).

  • August 28, 2018

    Texas Panel Vacates Couple’s Award Against Drywall Installer Over Peeling Paint

    AUSTIN, Texas — A Texas appeals panel on Aug. 28 vacated a verdict entered in favor of a couple who claimed that a drywall installer’s defective work caused paint to peel off the walls, holding that the plaintiffs’ experts failed to present sufficient testimony on proximate causation (River City Drywall LLC v. Eric Hanlon, et al., No. 03-17-00482-CV, Texas App., 3rd Dist., 2018 Tex. App. LEXIS 6837).

  • August 27, 2018

    Complex Owners Estopped From Refusing To Arbitrate Warranty, Conspiracy Claims

    CHARLOTTE, N.C. — A trial court judge in North Carolina on Aug. 24 stayed a construction defects lawsuit brought by the current owners of a 40-building apartment complex, finding that the plaintiffs’ breach of warranty and civil conspiracy claims against the builder of the complex as well as a subcontractor that provided soil services are subject to arbitration (Charlotte Student Housing District, et al. v. Choate Construction Co., et al., No. 18 CVS 5148, S.C. Super., Mecklenburg Co., 2018 NCBC LEXIS 88).

  • August 27, 2018

    South Carolina Man Says Son’s Exposure To Paint Remover Fumes Caused Death

    CHARLESTON, S.C. — A man sued W.M. Barr & Co. Inc. and Lowe’s Home Centers LLC on Aug. 10 in South Carolina federal court, alleging that his son’s exposure to the fumes of Goof-Off SS caused his death (Hal G. Wynne Jr. v. W.M. Barr & Co. Inc., et al., No. 18-cv-2203, D. S.C.).

  • August 22, 2018

    Judge Refuses To Remand Couple’s Suit Seeking To Vacate Arbitration Suit

    WILMINGTON, Del. — A couple’s lawsuit seeking to vacate an arbitration award over construction defects should not be remanded to state court, a federal judge in Delaware ruled Aug. 21 in adopting a magistrate judge’s recommendation and overruling the plaintiffs’ objections, holding that the magistrate properly found that the amount in controversy exceeds $75,000 and that complete diversity exists between the parties (Jason Jones, et al. v. Home Buyers Warranty, et al., No. 17-773-JFB,SRF, D. Del., 2018 U.S. Dist. LEXIS 141220).

  • August 17, 2018

    Texas Appeals Court Affirms Woman’s Arbitration Award Against Homebuilder

    HOUSTON — A Texas appeals panel on Aug. 16 upheld a lower court’s decision to affirm a $178,184.57 arbitration award given to a woman who accused her homebuilder of construction defects that resulted in mold growth, holding that the builder failed to present any evidence to the trial court from the arbitration proceeding (Long Lake Ltd. v. Brigette Pillittere, No. 14-17-00373-CV, Texas App., 14th Dist., 2018 Tex. App. LEXIS 6452)

  • August 16, 2018

    Couple Says ‘Straightforward’ Class Of Shingle Owners Should Be Certified

    SEATTLE — A couple says in a motion filed Aug. 13 in a Washington federal court that a proposed class of individuals who own homes with Certainteed’s Landmark 30 shingles should be certified because it is “straightforward” and because their claims “can be easily tried on a classwide basis” (Paula Wetzel, et al. v. Certainteed Corp., No. 16cv01160, W.D. Wash.).

  • August 15, 2018

    Atlas Shingles MDL Judge Says Some Of Association’s Claims Are Untimely

    ATLANTA — The federal judge in  Georgia overseeing lawsuits claiming that a brand of shingles made by Atlas Roofing Corp. were defective because they prematurely cracked, blistered and lost granules on July 20 dismissed a condominium owners association’s claims for fraudulent concealment, negligence and negligent design and strict liability, finding that they are barred by the state’s four-year statute of limitations (In re: Atlas Roofing Corp. Chalet Shingle Products Liability Litigation, MDL 2495, Mosaic at Vinings Condominium Association Inc. v. Atlas Roofing Corp., No. 17-cv-4928, N.D. Ga., 2018 U.S. Dist. LEXIS 121185).

  • August 10, 2018

    South Carolina Panel Says Window Installer Need Not Indemnify General Contractor

    COLUMBIA, S.C. — A South Carolina appeals panel on Aug. 6 affirmed a trial court judge’s denial of a general contractor’s motion for partial summary judgment, finding that indemnification provisions in two agreements with a subcontractor that installed windows that leaked was not required to indemnify it for damages, holding that the lower court properly applied the clear and unequivocal standard when reviewing the language in the provisions (Concord and Cumberland Horizontal Property Regime, et al. v. Concord & Cumberland LLC, et al., No. 5585, S.C. App., 2018 S.C. App. LEXIS 60).

  • August 6, 2018

    Magistrate Judge Disqualifies Firm From Representing Homeowners Association

    PORTLAND, Ore. — A federal magistrate judge in Oregon on Aug. 2 disqualified a law firm from representing a homeowners association in a suit against members of its former board of directors and management company, finding that the firm’s work with the defendants in an earlier construction defects suit resulted in a conflict of interest (Quatama Park Townhomes Owners Association v. RBC Real Estate Finance Inc., et al., No. 18-cv-00023, D. Ore., 2018 U.S. Dist. LEXIS 130761).

  • August 2, 2018

    Builder: Couple’s Amended Complaint Over Home Fails To Amend Deficiencies

    CHICAGO — A home builder on July 27 moved to dismiss a couple’s amended complaint accusing it of violating the Illinois Consumer Fraud Act (ICFA) and breaching the terms of a sales agreement, contending that the plaintiffs’ new complaint again failed to satisfy the heightened pleading requirement of Federal Rule of Civil Procedure 9(b) (Paul Smith, et al. v. NVR Inc., No. 17 C 8328, N.D. Ill.).

  • August 1, 2018

    Magistrate Judge Recommends Denying Joist Maker’s Motion To Compel Arbitration

    MINNEAPOLIS — A federal magistrate judge in Minnesota on July 30 recommended denying a motion to compel arbitration filed by the maker of joists that contain a coating that allegedly emits harmful levels of formaldehyde, finding that the home purchase agreement (HPA) between the buyer and the builder says that any pre-closing disputes should be resolved in “a court of competent jurisdiction where the property is located” (Dennis Esanbock, et al. v. Weyerhaeuser Co., No. 17cv3702, D. Minn.).

  • August 1, 2018

    Nevada High Court Says Homeowners Must Arbitrate Defects Claims Against Builder

    CARSON CITY, Nev. — The Nevada Supreme Court on July 18 overturned a ruling denying a home builder’s motion to compel arbitration, finding that the court has previously held that arbitration provisions in sales agreements with homeowners are governed by the Federal Arbitration Act (FAA) and that the terms of the agreement are conscionable (U.S. Home Corp. v. Abrahim Aboukhalil, et al., No. 68637, Nev. Sup., 2018 Nev. Unpub. LEXIS 621).

  • August 1, 2018

    Contractor Can Only Seek Indemnification From Subcontractor, Judge Rules

    BEAUFORT, S.C. — A federal judge in South Carolina on July 1 dismissed a general contractor’s third-party claims for negligence, gross negligence, breach of warranty, breach of contract, indemnification, strict product liability and apportionment of damages against a subcontractor, ruling that they are precluded by its claim for indemnification (Hampton Hall LLC v. Chapman Coyle Chapman & Associates AIA Inc., et al., No. 17-cv-1575, D. S.C., 2018 U.S. Dist. LEXIS 120428).